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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and court orders requiring them to testify and, in many instances, to reveal the identity of confidential sources or unpublished information.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
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