I. Introduction: History & Background

North Carolina's statutory "reporter's privilege" or "shield law" became effective on October 1, 1999. This law was a reaction to a decision of the North Carolina Court of Appeals (later affirmed by the North Carolina Supreme Court) that held that reporters do not enjoy a privilege with respect to non-confidential information obtained from non-confidential sources in criminal cases. The court's surprising decision was contrary to some 14 years of consistent lower court decisions that had recognized a reporter's privilege under the federal and state constitutions in civil and criminal proceedings.

The shield law enacted in reaction to this adverse decision is quite expansive in the protection granted to journalists. It applies to virtually everyone connected with the publication or distribution of information via any news medium; it protects confidential as well as non-confidential information; it applies to judicial and quasi-judicial proceedings; and it can only be overcome by a specific showing of need by the party seeking the information.

While the experience of North Carolina's trial courts in interpreting this statute has been limited, the law seems to have been successful in clarifying the circumstances under which reporters may be compelled to disclose information obtained in the course of their newsgathering activities. Thus far, trial courts have had little difficulty in following the requirements of the statute, and journalists have been generally successful in protecting the fruits of their newsgathering labor.

Author's note: Special thanks is given to my colleagues Mark Prak, John Bussian, Charles Coble and Stephen Hartzell for their review of this manuscript, as well as to Jim White, a summer associate with the firm in the summer of 2002, who did much of the background research for this compendium.