I. Introduction: History & Background

There is no statutory shield law in Vermont. Accordingly, the following consists of general guidelines for contesting news media subpoenas pursuant to Vermont's Rules of Civil Procedure and Vermont jurisprudence construing the United States and Vermont Constitutions, and Vermont common law.

In State v. St. Peter, 132 Vt. 266, 315 A.2d 254 (1974), the Vermont Supreme Court recognized a qualified reporter's privilege under the First Amendment to refuse to give testimony in a criminal case absent a showing by the party seeking disclosure that there is no other adequately available source for the information and that the information sought is relevant and material on the issue of guilt or innocence. Recently, the Vermont Supreme Court held that no privilege exists under the First Amendment that would protect a journalist from "disclos[ing] evidence of a crime, or evidence that is relevant and material to a criminal investigation, when properly subpoenaed." In re Inquest Subpoena (WCAX), 2005 VT 103, ¶¶ 20-21, 179 Vt. 12, 21, 890 A.2d 1240, 1247 (2005). In the WCAX case, however, the Court also reaffirmed its decision in St. Peter, confirming that a qualified reporter's privilege exists in all "cases in which a news reporter is 'legitimately entitled to First Amendment protection.'" Id. ¶¶ 12-14, 179 Vt. at 17-18, 890 A.2d at 1243-44.

There are only a handful of Vermont cases, many of which are unreported, which further describe the privilege.