I. Introduction: History & Background

It has been said that the Rhode Island Shield Law is a "suit of journalistic armor," effective so long as the silver bullets of the statute's few exceptions do not apply. It was originally passed in the early 1970's amidst mounting national concerns for safeguarding journalistic privilege and freedom of the press.

Rhode Island's Shield Law is codified in Rhode Island General Laws § 9-19.1-1 et seq., and is also known as the "Newsman's Privilege Act." It first became effective in 1971. Rhode Island is the only state in New England that has a Shield Law. In passing the Act, the Rhode Island General Assembly "plainly intended to respond to the legitimate needs of a free and dynamic press by according comprehensive safeguards to journalists and allied professionals against the compelled disclosure of confidential information and sources." Fischer v. McGowan, 585 F.Supp. 978, 984 (D.R.I. 1984). In essence, the Newsman's Privilege Act protects the disclosure of confidential information obtained by a person in his or her capacity as a news gatherer. R.I. Gen. Laws § 9-19.1-2. The protection does not apply if the information is already public, if the information is defamatory and the defendant is relying on the source of the information as a defense, or if the information should have been secret because of grand jury proceedings.