Thirty-one states and the District of Columbia have adopted shield laws affording the media varying degrees of protection against subpoenas.2 Some shield laws protect reporters from forced disclosure of their confidential news sources, but not of unpublished material. Other laws provide absolute or qualified protection according to the type of legal proceeding involved (civil or criminal) or the role of the journalist in the proceeding (defendant or independent third party).
In many states without shield laws, state courts have recognized some form of qualified privilege. In others, state constitutions may include "free press" provisions, which are similar to the U.S. Constitution's First Amendment protections and afford qualified protection. There are several states, however, such as Hawaii and Wyoming, where no privilege to protect unpublished sources or information has been recognized by the courts or legislatures.
Reporters should become familiar with the scope of their state's privilege to withhold confidential sources and information, as recognized by a shield law, state constitution or in case law.
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