This section covers the use of subpoenas to force journalists to disclose their confidential news sources and unpublished information. Shield laws exist in forty states; if a reporter isn't covered by a shield law, there may still be a constitutional privilege that helps protect sources and information. This section also covers official attempts to seize journalists' work product and documents without a warrant.
Digital Journalist's Legal Guide
Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
The Reporters Committee, joined by 57 news organizations, filed an amicus brief with the New York Supreme Court Appellate Division, in support of New York Times reporter Frances Robles in her effort to fight a subpoena to testify about a jailhouse interview and turn over her notes. The amicus brief argued that the trial court that ordered her to testify did not give sufficient consideration to the protections in the New York Shield Law, which only allows subpoenas against journalists for non-confidential information when the information is highly relevant, meaning the case should "rise or fall" with the evidence. The brief argued that reporter's relations with their sources will be jeopardized if such information, and particularly information from jailhouse interviews with criminal defendants, is compelled without meeting that high standard.