I. Introduction: History & Background

In 1974, in the wake of the U.S. Supreme Court decision in Branzburg v. Hayes, 408 U.S. 665 (1972), Tennessee adopted its current reporter's shield law. The statute protects journalists' sources and information, gathered for publication or broadcast, whether obtained confidentially or not, and whether published or not. See Tenn. Code Ann. § 24-1-208. Tennessee's broad shield law has generally been interpreted by Tennessee courts to favor protection for journalists. Tennessee courts have not addressed whether a privilege is also available by way of the state or federal constitutions.