II. Authority for and source of the right

The Supreme Court of Appeals of West Virginia has held that a reporter is entitled to a qualified privilege when engaged in the news-gathering function. This qualified privilege was enunciated first in State ex rel. Hudok v. Henry, 182 W.Va. 500, 17 Media L.Rep. 1627, 389 S.E.2d 188 (W.Va. 1990). The state Supreme Court delineated a balancing test for application of the reporter's privilege. The source for the privilege was found in the United States Supreme Court's decision in Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972), and in the First Amendment to the United States Constitution.

The West Virginia Legislature has not enacted a "shield" law, and none is provided for in the West Virginia Constitution.