Shield laws provides protection for the journalists "privilege” which are legal rules which protect journalists against the government requiring them to reveal confidential sources or other information. These laws allow sources to feel safe approaching journalists when discussing secretive information or information that seems expository. Although no statutory protection exists at a federal level - every state offers some protection at local and statewide levels.
Although government involvement with journalists may seem like a concept that would only occur in rare circumstances, it is actually quite common. A study conducted by Brigham Young University law professor RonNell Andersen Jones, for example, found that in 2006 alone journalists were served with more than 7,200 subpoenas from state and local governments, and about 800 from the federal government. (Society of Professional Journalists)
Occasionally journalists will be required to appear in Court if information is disclosed to them that the authorities were unable to gather. However, there is a lot of controversy surrounding this because journalists want to preserve their privilege as best as they can whereas authorities see the information they gathered as crucial for achieving a favorable verdict For example in 2016 a panel of judges in Manhattan Appellate Division ruled that Frances Robles would not be forced to appear in an upcoming trial for the murder of "Baby Hope". The panel based their ruling on what it called “the consistent tradition in this state of providing the broadest possible protection to ‘the sensitive role of gathering and disseminating news of public events.’” (Feuer, 2016) The panel found that the information obtained by Robles from the interview was not "crucial or necessary". (Feuer, 2016)This overturned the previous decision made by a Supreme Court Justice that Robles should submit her notes from the jailhouse interview with the murder suspect and testify to reveal information obtained during the interview as well.
I believe that shield laws are an important way of fostering good journalism and preserving the rights given by the First Amendment. I believe that far less journalists would be compelled to publicize information and opinions in the way that they do if they received no protection under shield laws. The controversy surrounding the Robles interview highlights the discrepancies in opinions within the own justice system and also across professional fields regarding journalist privilege.
Feuer, Alan. “Times Reporter Can't Be Compelled to Testify in Baby Hope Case, Court Rules.” The New York Times, The New York Times, 20 Oct. 2016, www.nytimes.com/2016/10/21/nyregion/times-reporter-baby-hope-case.html.
“Struggling to Report: The Fight for a Federal Shield Law - Society of Professional Journalists.” Society of Professional Journalists - Improving and Protecting Journalism since 1909, www.spj.org/shieldlaw-faq.asp.
Although government involvement with journalists may seem like a concept that would only occur in rare circumstances, it is actually quite common. A study conducted by Brigham Young University law professor RonNell Andersen Jones, for example, found that in 2006 alone journalists were served with more than 7,200 subpoenas from state and local governments, and about 800 from the federal government. (Society of Professional Journalists)
Occasionally journalists will be required to appear in Court if information is disclosed to them that the authorities were unable to gather. However, there is a lot of controversy surrounding this because journalists want to preserve their privilege as best as they can whereas authorities see the information they gathered as crucial for achieving a favorable verdict For example in 2016 a panel of judges in Manhattan Appellate Division ruled that Frances Robles would not be forced to appear in an upcoming trial for the murder of "Baby Hope". The panel based their ruling on what it called “the consistent tradition in this state of providing the broadest possible protection to ‘the sensitive role of gathering and disseminating news of public events.’” (Feuer, 2016) The panel found that the information obtained by Robles from the interview was not "crucial or necessary". (Feuer, 2016)This overturned the previous decision made by a Supreme Court Justice that Robles should submit her notes from the jailhouse interview with the murder suspect and testify to reveal information obtained during the interview as well.
I believe that shield laws are an important way of fostering good journalism and preserving the rights given by the First Amendment. I believe that far less journalists would be compelled to publicize information and opinions in the way that they do if they received no protection under shield laws. The controversy surrounding the Robles interview highlights the discrepancies in opinions within the own justice system and also across professional fields regarding journalist privilege.
Feuer, Alan. “Times Reporter Can't Be Compelled to Testify in Baby Hope Case, Court Rules.” The New York Times, The New York Times, 20 Oct. 2016, www.nytimes.com/2016/10/21/nyregion/times-reporter-baby-hope-case.html.
“Struggling to Report: The Fight for a Federal Shield Law - Society of Professional Journalists.” Society of Professional Journalists - Improving and Protecting Journalism since 1909, www.spj.org/shieldlaw-faq.asp.
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