I. Introduction: History & Background

Delaware has a long common law history of respecting journalistic privilege. Although a reporter may only refuse to testify by claiming a privilege expressly granted under the Reporters' Privilege Act (see D.R.E., Rule 513), those privileges both originated in and continue to be shaped by case law. Both common law and statutory law presume that once a reporter's privilege has been asserted, it is valid unless and until the party seeking the information proves that the privilege should not apply. The burden of overcoming the presumption is difficult. Several issues surrounding reporters' privilege have not yet been addressed in Delaware. However, this should not be interpreted as potential weakness in the doctrine, as the case law that does exist indicates a strong commitment to the privilege.