I. Introduction: History & Background

The First Circuit, which is comprised of Massachusetts, Maine, New Hampshire, Puerto Rico, and Rhode Island, recognizes a qualified privilege for reporters. Application of the privilege is determined on a case-by-case basis, with the courts balancing the potential harm to the free flow of information and First Amendment interests against the requesting party's asserted need for the requested information.

Within the First Circuit, only Rhode Island has a statute protecting reporters from being compelled to disclose confidential sources. The shield law, called the "Newsman's Privilege Act," provides a qualified privilege for reporters that applies only to confidential sources and information. R.I. Gen. Laws §9-19.1-1, et seq.