I. Introduction: History & Background

California has a reporter's privilege embodied both in Article I, § 2(b) of the California Constitution and in California Evidence Code § 1070. California courts also have recognized a reporter's privilege under the First Amendment. The California Supreme Court has interpreted these provisions to give broad protection to reporters. In addition, in response to a number of highly-publicized reporter subpoenas, the California Legislature adopted procedural mechanisms designed to confer greater protection for reporters.

However, there are limits on the protection of California's state shield laws. Because the state laws only prevent a finding of contempt, they provide minimal protection to reporters who are parties to litigation. Moreover, although California's state shield laws are absolute in civil cases where a party seeks information from a non-party reporter, in criminal cases the defendant's right to a fair trial must be balanced against the reporter's rights.