Brief Five - Reporter's Privilege

Privilege Not Privacy

Reporters write on topics they are passionate about, and to some extent, they are protected by reporters privilege. "The idea behind reporter's privilege is that journalists have a limited First Amendment right not to be forced to reveal information or confidential news sources in court" (reporter-s-privilege). Now, how truly limited is this right, you ask? Let us take a deep dive and find out.

When it comes to journalists, they often rely on reporters' privilege to write freely and not worry about testifying and declassing evidence in court. A big question on my mind when it comes to this topic is how far will this protection reach? What information that they cover may they be required to testify on? Protection for an identity of a confidential source lies under these four guidelines found in the first amendment encyclopedia:

• First, the government must show that there is probable cause that the reporter possesses information that is relevant to a specific violation of the law. 
• Second, there is no alternative means for obtaining the information being sought. 
• And, third, there is a “compelling and overriding” interest by the state in the information in question.

Many states have accepted reporters' privilege, and many have enacted shield laws to protect journalists against situations such as being called to testify, but some work differently. Texas has a shield law such as this, but the court can still call you to testify if they feel the need, so how protected are you? These shield laws are built to protect against reporters' privilege, but ultimately they differ based upon the opinions of the court and the state. 

Only thirty states have passed their own individual shield laws, and people move to enact a federal law to provide protection nationwide. The reason for this law is simply to protect to work of journalists and allow them to write freely and confidently, but sometimes they can be overruled. For example, in 2006, freelance journalist Joshua Selassie was called to testify on a video he had taken, although he was protected under the California shield law. He was called to the stand due to the fact that he was withholding evidence. The video he had, held video of protestors destroying a police car and various other criminal acts. Due to his act of withholding, he was sentenced to six years in prison. 
He was later released once he gave away permissions to his tapes.

While this case may seem extreme, situations like this happen more often than not. Shield laws are a necessity to protect journalists against the court. The laws are set to allow journalists to write freely but do not always work, and while about 60 percent of the nation is protected, a federal movement should be next.