Reporter's Privilege

This section covers the use of subpoenas to force journalists to disclose their confidential news sources and unpublished information. Shield laws exist in forty states; if a reporter isn't covered by a shield law, there may still be a constitutional privilege that helps protect sources and information. This section also covers official attempts to seize journalists' work product and documents without a warrant.

In re Holmes v. Winter

May 16, 2013

Fox News reporter Jana Winter is appealing a decision by a New York judge to enforce a subpoena from a Colorado court demanding that she testify about confidential sources who gave her a notebook of Colorado theater shooting defendant James Holmes' writings. In a brief joined by 42 other news organizations, the Reporters Committee argued that the lower court erred in failing to adequately consider New York's strong public policy protecting journalists and their confidential sources when it applied the law governing subpoena requests from out-of-state jurisdictions.

White House, lawmakers push for federal reporter shield law in wake of AP phone records seizure

Jack Komperda | Reporter's Privilege | News | May 15, 2013
News
May 15, 2013

Three lawmakers announced this week they were planning to revive legislation establishing a federal reporter shield law, just days after it was revealed the U.S. Justice Department secretly obtained two months’ worth of phone records from the Associate Press.

Justice Department defends decisions in secret seizure of AP phone records as criticism mounts

Nicole Lozare | Reporter's Privilege | News | May 14, 2013
News
May 14, 2013

Deputy Attorney General James M. Cole responded to the controversy over the Associated Press phone records subpoena today, unapologetically defending the Department of Justice's secret subpoenas for the records of more than 20 separate telephone lines assigned to the AP and its journalists in April and May 2012.

Media coalition letter to the Department of Justice regarding AP subpoena

May 14, 2013

The Reporters Committee and 51 news organizations wrote to the Department of Justice, vigorously protesting the overbroad subpoena of two months of phone records of the Associated Press.

Hadeed Carpet Cleaning v. Does, Yelp Inc.

May 8, 2013

Hadeed Carpet Cleaning filed a defamation suit in Virginia against several anonymous reviewers for comments they posted on Yelp. Hadeed alleges that the reviewers were not actually customers and that their allegations were defamatory, and sought a subpoena to identify them. The trial court issued the subpoena and Yelp appealed to the Virginia Court of Appeals.

Hawaii shield law will expire after lawmakers unable to reconcile competing bills

Jack Komperda | Reporter's Privilege | News | May 3, 2013
News
May 3, 2013

Just five years after passing its groundbreaking media shield law, Hawaii lawmakers have effectively killed any hopes of adopting a permanent version of the law, which is set to expire next month.

Lawmakers in the House and Senate passed differing versions of the law this week that would protect journalists from disclosing confidential sources and notes. With the Legislature set to adjourn this week, the disagreement between the House and Senate ensures the current shield law will expire on June 30.

Hawaii lawmakers committee pass draft of bill that weakens state reporter shield law

Jack Komperda | Reporter's Privilege | News | April 26, 2013
News
April 26, 2013

A panel of Hawaii lawmakers on Thursday approved a draft that severely limits the soon-expiring state reporter shield law.

The most current version of the bill -- seen as a compromise between House and Senate versions -- removes protections for free newspapers, expands the circumstances under which law enforcement authorities can subpoena journalists’ notes and excludes protections for bloggers.

Hawaii lawmakers set to resume deliberations on state shield law

Jack Komperda | Reporter's Privilege | News | April 22, 2013
News
April 22, 2013

Hawaii lawmakers are expected to meet again this week to work on reconciling competing versions of a bill to make the state’s reporter shield law permanent.

H.B. 622 was originally drafted to remove the law's June 30 expiration date. But lawmakers in both the state House and Senate passed amended versions of the bill limiting who can take advantage of the privilege.

New Jersey blogger considered a journalist under state Shield Law

Lilly Chapa | Reporter's Privilege | News | April 16, 2013
News
April 16, 2013

A New Jersey blogger qualifies for protection under the state’s shield law and does not have to reveal the names of government officials she accused of wrongdoing, a judge ruled.

Judge delays deciding if Fox News reporter must testify

Lilly Chapa | Reporter's Privilege | News | April 9, 2013
News
April 9, 2013

Fox News reporter Jana Winter won't have to testify about her confidential sources regarding the notebook of alleged theater shooter James Holmes – for now.