I. Introduction: History & Background

In 1980, Congress created the Eleventh Circuit Court of Appeals from the Fifth Circuit Court of Appeals. The newly created Eleventh Circuit included Alabama, Florida, and Georgia, each consisting of three district courts. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), the Court held that Fifth Circuit decisions up to September 1981 would be binding in the Eleventh Circuit. Neither the Fifth nor the Eleventh Circuit, however, have produced a great deal of caselaw discussing the reporter's privilege. As there are few decisions on the subject, many aspects of this area of law are still unclear and undefined.

When a reporter gathers or receives information and/or documents during the course of professional newsgathering, the reporter's privilege may protect against compelled disclosure of such information. Where confidential sources and/or information are involved, the reporter's privilege further recognizes the proposition that the public's interest in the confidentiality between a journalist and his or her news sources often outweighs the private interest in compelled disclosure. See Loadholtz v. Fields, 389 F. Supp. 1299, 1301-02 (M.D. Fla. 1975). Even in the absence of confidentiality, the privilege is recognized. See United States v. Blanton, 534 F. Supp. 295 (S.D. Fla. 1982), aff'd 730 F. 2d 1425 (11th Cir. 1984).