A surprising aspect of the survey responses concerned whether the media respondent in a state is covered by a shield law. In 2001, 31 states and the District of Columbia had shield laws. News organizations in shield law states reported receiving an average of 3.1 subpoenas per outlet, while news organizations in non-shield law states reported an average of 1.7 subpoenas per outlet.

Other years have shown similarly unexpected results. In 1999, shield law state outlets reported an average of 3.4 subpoenas, while non-shield law states reported 2.3. In 1997, shield law state outlets received an average of 4.7 subpoenas per outlet, compared to 4.3 in non shield law states.

Nevertheless, the responses from media organizations suggest that shield laws did make a difference in 2001 in whether a subpoena was quashed. The quash rate for shield law states was 22 percent, compared to 5 percent in non-shield law states.

Several respondents in shield law states expressed how their shield law benefitted them.

A newspaper in Nebraska reported: "In the one subpoena given to us this year, I contacted our legal counsel and the defending attorney who issued the subpoena. I explained that Nebraska is a strong shield law state and that our reporter would only cite the published article and not offer any other information. The attorney acknowledged that and later withdrew as defending counsel on that case."

"I believe our state law governing payment for materials and affording protection for both confidential and non-confidential unpublished material is tremendously helpful," said Linda Lightfoot, executive editor of The Advocate in Baton Rouge, La. She also said that on the rare occasion reporters for her paper use confidential sources, "the source is fully briefed on our shield law provisions."

"The shield law is immensely useful in prompting lawyer[s] to withdraw subpoenas without a fight," said a newspaper editor in Maryland, which has the nation's oldest shield law, adopted in 1896.

And a newspaper in New York wrote that "the New York shield law discourages most subpoenas for material from reporters."