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Reporter's Privilege/Shield Laws
Reporter's Privilege/Shield Laws

Reporter's Privilege/Shield Laws (2)

MLRC Articles, Reports and Panels

A Growing Distance Between The Hague and Strasbourg? An International Criminal Tribunal and the European Court of Human Rights Reach Different Results in Two Reporter's Privilege Cases

From MLRC Bulletin 2009 No. 3

Catalog of Subpoena Decisions by Category of Material and Reasons Sought
Model Shield Law Committee, September 2009

Asserting Reporter's Privilege to Protect Anonymous Online Posters
From MLRC Bulletin 2008 No. 4

Recent Efforts to Enact State Shield Laws
New Legal Developments Committee, December 2008

Points for Discussion on Journalistic Use of Anonymous Sources
Newsgathering Committee, July 2007

Compendium of State Statutes Protecting Whistleblowers
Newsgathering Committee, June 2007

Reporter's Privilege Issues: Continuing Attacks in 2006 & The Four Myths Surrounding the Common Law Reporter's Privilege
From MLRC Bulletin 2006 No. 3/4 Part I

Confidential Source Litigation: Lessons from 2005
MLRC Bulletin 2005 No. 4 Part B, January 2006

Transcript, MLRC Annual Dinner: A Discussion on the Reporter's Privilege
November 2005

Media Subpoenas in Military Courts-Martial
May 2005

Reporter's Privilege: Distinguishing Civil and Criminal Contempt
MLRC Report, January 2005

Transcript: MLRC Reporter’s Privilege Symposium
November 2004

White Paper on the Reporter's Privilege
MLRC Bulletin 2004 No. 2, August 2004

Media Liability for Breach of Promise to Maintain a Source's Confidentiality after Cohen v. Cowles Media Co.
Pre-Publication/Pre-Broadcast Committee, May 2004

"What is the Defintion of a Journalist?" and "Defining a Journalist: State Shield Statutes"
From LDRC LibelLetter, February 2002


Other Articles and Reports

Journalists' Privilege: Overview of the Law and Legislation in Recent Congresses
Congressional Research Service, January 2011

The Federal Common Law of Journalists’ Privilege: A Position Paper
Committee on Communications & Media Law, Ass'n of the Bar of the City of New York, Spring 2005

MLRC Bulletin 2008 No. 4

Journalists frequently are faced with subpoenas and court orders requiring them to testify and, in many instances, to reveal the identity of confidential sources or unpublished information.  Journalists and news organizations are reliant on state statutes or state or federal case law to provide a privilege against testimony in state or federal courts or administrative proceedings.


MLRC has collected a variety of materials on the reporter’s privilege, including information regarding efforts to enact a federal shield law, proposed state shield laws, existing state shield law statutes, and recent federal and state cases involving the privilege.

Model Shield Law

Click here for MLRC's model shield law.  


Proposed Federal Shield Law Bills

Click here for information about past proposed Federal Shield Law Bills.


Recent Federal Reporter's Privilege Cases

Click here for other recent federal cases.


Historical Reporter's Privilege Case: Branzburg v. Hayes, 408 U.S. 665 (1972)

Decision, concurrances and dissents

Oral argument recording - oyez.com


Department of Justice Guidelines

Justice Department Guidelines for Media Subpoenas January 2015

Annual Report on Subpoenas to the Media August 2015

 


State Proceedings

Proposed State Shield Law Bills

Recent State Reporter's Privilege Cases

State Shield Law Statutes


Military Proceedings

U.S. v. Wuterich

US Navy-Marine Corps Court of Criminal Appeals (En Banc) - Aug. 31, 2009

Court of Appeals for the Armed Forces - Nov. 17, 2008

US Navy-Marine Corps Court of Criminal Appeals - June 20, 2008

See also: U.S. v. Maziarz - June 12, 2009


Other Resources

Articles, Reports and Panels on the Reporter's Privilege

 
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