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This section covers the use of subpoenas to force journalists to disclose their confidential news sources and unpublished information.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

Obama administration plugs up leaks

Kiriakou is first CIA agent jailed for speaking to press
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AP Photo by Jacquelyn Martin

Former CIA officer John Kiriakou leaves federal court in Alexandria, Va.

In 2009, President Obama promised to create a more transparent, whistleblower-friendly government.

But the reality is that federal employees who have given government secrets to news media organizations in recent years have ended up being prosecuted as leakers.

Fox News reporter scheduled to appear in Colo. courtroom Monday in James Holmes case

Nicole Lozare | Reporter's Privilege | News | March 29, 2013
News
March 29, 2013

A Fox News reporter is scheduled to appear before a Colorado judge on Monday to testify about who leaked her information regarding the notebook of movie theater shooting suspect James Holmes.

Duke University drops subpoenas to lacrosse-scandal blogger

Lilly Chapa | Reporter's Privilege | News | March 4, 2013
News
March 4, 2013

Duke University has withdrawn subpoenas seeking communications between a college professor who wrote about the North Carolina school's lacrosse scandal and the student athletes following an appeals hearing last week.

Duke lawyers dropped the subpoenas Friday before U.S. District Judge D. Brock Hornby could rule on whether a lower court’s decision to enforce the subpoenas should be overturned in Maine, where the professor lives. A lawsuit against the university stemming from the lacrosse case was also settled two days prior, making a portion of the subpoenas moot.

Federal judge blocks New York City subpoena for Ken Burns's "Central Park Five" outtakes

Jack Komperda | Reporter's Privilege | News | February 20, 2013
News
February 20, 2013

Ken Burns and his production company, Florentine Films, overcame efforts by New York City officials to forcibly seek the release of outtakes and footage from his recent film about five men wrongly convicted in the attack and rape of a Central Park jogger.

N.J. judge orders local blogger to defend journalist status

Lilly Chapa | Reporter's Privilege | News | February 4, 2013
News
February 4, 2013

A New Jersey Superior Court judge recently ordered a blogger to defend her status as a journalist and explain why the state's shield law applies to her in order to avoid revealing the names of government officials she accused of wrongdoing.

Detroit paper must provide documents and a witness regarding confidential source, judge rules

Lilly Chapa | Reporter's Privilege | News | January 18, 2013
News
January 18, 2013

A District Court judge ruled this week that the Detroit Free Press must hand over documents and provide a witness in a long-running case involving former federal prosecutor Richard Convertino and his quest to reveal a reporter’s anonymous source.

Judge Robert Cleland’s ruling requires the Michigan newspaper to turn over documents directly or indirectly related to Convertino and present a witness who can testify at a February deposition for the former prosecutor's lawsuit against the Department of Justice.

Florida Drops Efforts to Have Times-Union Reporter Subpoenaed

Rob Tricchinelli | Reporter's Privilege | News | December 21, 2012
News
December 21, 2012

The Florida attorney general has dropped its efforts to compel a reporter’s testimony in the ongoing case against a former aide to the state’s lieutenant governor.

Attorney General Pam Bondi withdrew an appeal Wednesday of a trial judge’s November order, which said that Florida Times-Union reporter Matt Dixon could not be compelled to testify in the state’s case against Carletha Cole.

According to court documents, the state was “voluntarily dismissing” its appeal. The Jacksonville newspaper had planned to fight the appeal.

Moloney v. Holder

December 19, 2012

Boston College researchers Ed Moloney and Anthony McIntyre are appealing a First Circuit appellate court decision dismissing their challenge of a subpoena seeking confidential interviews the pair conducted with members of the Irish Republican Army and other members of paramilitary and political organizations involved in the "Troubles" in Northern Ireland. The First Circuit concluded that while the scholars had standing to raise a constitutional challenge the subpoenas, they failed to state a First Amendment claim entitling them to relief. We urge the U.S.

Wis. judge denies Justice Department's request to subpoena journalists

Lilly Chapa | Reporter's Privilege | News | November 30, 2012
News
November 30, 2012

In the first ruling under Wisconsin’s new shield law, a judge denied the state Department of Justice’s request to subpoena three journalists who reported on a farmer’s alleged criminal conduct .

The justice department was unable to show that the information they seek is unobtainable from other sources, as required by the 2010 law, said Sauk County Judge Guy Reynolds. But Reynolds, who ruled from the bench Thursday, added that he would reconsider the subpoenas if the state's other witnesses contradict the journalists' reports.

In re McCray ("Central Park Five" subpoena)

November 21, 2012

"The Central Park Five," a documentary film created by Florentine Films, the production company run by Ken Burns, his daughter and son-in-law, reports the experiences of five men who were wrongfully convicted in participating in the April 1989 assault and rape of a jogger in Central Park. The men are currently in the midst of litigation against the city for damages resulting from those convictions.