5- Reporter's Privilege

 Reporter's Privilege

Reporter's Privilege is a widely discussed and often controversial topic amongst news providers. According to Free Speech Center at Middle Tennessee State University, reporter's privilege is the ability to retain information regarding confidential sources or information in court. This protects reporters from being mandated to share their knowledge unwillingly. Although this knowledge is not completely protected within the United States, most states have a form of shield laws that allow reporters to keep their sources confidential. 

Many reporters cite the First Amendment in defense of shield laws because they believe that keeping their information private is a right. In 2001, crime writer Vanessa Leggett was sent to prison after refusing to hand over her notes that she had compiled regarding a Houston murder. She was held in prison for about five months before going to federal district court and arguing in favor of the First Amendment. She discussed shield laws while in court, but the Texas system did not allow for shield laws to protect her. Choosing to still keep her information, she stayed in prison until the maximum amount of time, amounting for 168 days. Leggett later stated “I just feel like I’m doing what I have to do to protect my First Amendment right to freedom of the press. I feel like what they are doing is wrong.”

Leggett's case is far from the first one regarding reporter's privilege. in June of 1972, the Supreme Court ruled that the First Amendment does not grant reporters the right to refuse to testify in court. This originated from the Branzburg v. Hayes case in Kentucky when Paul Branzburg refused to reveal the identities of his sources. Paul Pappas, a reporter from Massachusetts, refused to disclose information that he had obtained during a Black Panther news conference. These two cases accompanied a similar case in California in which a reporter by the name of Caldwell refused to provide his information in court. All three of the reporters attempted to argue that the First Amendment protected them having to reveal their confidential information. Since these cases were each very similar, the Supreme Court decided to handle all of the cases in a joint decision. 

The Supreme Court ultimately ruled that the First Amendment could not completely protect reporters from testifying unless the government was acting in "bad faith". This decision was made in order for information to be revealed in court, especially if reporters held solidifying evidence that was crucial for a case. 

Paul Pappas (Middle) accompanied by attorneys Barrett Prettyman and William H. Carey in front of the Supreme Court Building.

Although the Constitution does not provide complete reporter's privilege, certain states do have shield laws in place. 

Map of Shield Laws in the United States

Currently, about 40 of the 50 states have some kind of shield laws protecting reporters, according to the Reporter's Committee These laws can range from protecting only journalists to covering television and internet reporters as well. In some states, such as West Virginia, reporters have been granted almost complete privilege. 

Despite the discussion about whether it is reasonable to allow reporters to keep their information a secret, many states have taken it upon themselves to decide instead of relying on the Supreme Court. It is important to remain aware of the rights that are given to reporters in each state so that they can remain ethical in the state in which they reside.