I. Introduction: History & Background

Arkansas has had a statute in effect since 1937 specifically shielding reporters and others involved in news gathering from being required to reveal the identities of their confidential sources. The statute is fairly broad and has been interpreted to encompass both criminal and civil proceedings. The statute has undergone few changes since Arkansas voters adopted it as an initiated act in 1936. The statute was last amended in 1949 to bring radio broadcasters within the law's protection. The statute, however, does not specifically protect television broadcasters, and the Arkansas appellate courts have not addressed this omission. Since the law’s enactment, only one reported case from the Arkansas Supreme Court has addressed it. However, a federal court has held that the statute protects television broadcasters. See Williams v. American Broadcasting Companies, Inc., 96 F.R.D. 658 (W.D. Ark. 1983).