This section covers the use of subpoenas to force journalists to disclose their confidential news sources and unpublished information.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.
A libel plaintiff suing a local FOX station in Chicago sought to obtain a news producer's communications with the FOX in-house attorney. FOX argued that those communications should not have to be released because of the attorney-client privilege. The plaintiff argued that such a privilege is not recognized in Illinois. The Reporters Committee argued that protection of communications between news reporters and producers and their in-house counsel is essential to preserving the integrity of confidential pre-publication legal advice. If neither reporters nor lawyers can trust in that confidentiality, reporters may not feel comfortable being completely open with the lawyer, who in turn cannot provide the best advice. Furthermore, the brief points out that it is impractical to expect that counsel will always communicate only with the most powerful executives at the news organization and not with producers.