I. Introduction: History & Background

Connecticut's reporter's shield law took effect October 1, 2006. It codifies the privilege and establishes standards for overcoming it in Connecticut state court proceedings. Connecticut's state and federal courts had recognized the privilege before the enactment of the new statute, deriving the substance of the privilege from case law emanating from the Court of Appeals for the Second Circuit. State court case law on the subject is sparse because the issue most often arises on reporters' motions to quash subpoenas, the court's rulings on which are usually oral and not memorialized in written opinions. As of this writing there are no decisions interpreting the new statute. In federal court, the privilege is governed by Second Circuit common law principles, most recently articulated in Gonzales v. NBC, 194 F.3d 29 (2d Cir. 1999).