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This section covers the use of subpoenas to force journalists to disclose their confidential news sources and unpublished information.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.

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.

Affidavit in support of Fox News reporter Jana Winter

April 8, 2013

Fox News reporter Jana Winter faces an order to reveal her sources of information in the James Holmes Colorado theater shooting case. The Reporters Committee urged the court to carefully apply the qualified privilege under the Colorado shield law, to allow reporters like Winter to fully report on a case that is of great interest to the public.

Fox News reporter may return to Colo. courtroom to defend confidential sources

Lilly Chapa | Reporter's Privilege | News | April 3, 2013
News
April 3, 2013

Subpoenaed Fox News journalist Jana Winter will have to return to a Colorado courtroom to possibly testify about who gave her sealed information in the James Holmes case, a judge ordered Monday.

However, Arapahoe County District Judge Carlos Samour said in Monday’s hearing that he intends to make Holmes’ lawyers “jump through all the hoops” before forcing Winter to share who gave her details of a notebook Holmes sent to his psychiatrist days before he allegedly opened fire in an Aurora movie theater, killing 12 people.

"Central Park Five" subpoena quashed after filmmakers prove their independence

Ken Burns subpoena case provides perspective on how to interpret troubling Chevron case
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AP Photo by Francois Mori

From left, co-directors Ken Burns, Sarah Burns and David McMahon debut their documentary in Cannes, France in May.

Sarah Burns considers herself a journalist.

Deciding when to publish

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AP Photo by Dennis Cook

George Freeman, a former New York Times attorney, confers with journalist Judith Miller in 2005 prior to her testifying in favor of reporters’ privilege legislation on Capitol Hill.

The six federal employees charged under the Espionage Act

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AP Photo by Timothy Jacobsen

Thomas Drake

The Obama Administration has indicted six government employees under the 1917 Espionage Act for sharing classified information with the press — more than all previous administrations combined. However, all of the employees whose cases have seen the inside of the courtroom have had all or part of the Espionage Act charges against them dropped.