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Prepared for Members and Committees of Congress
                                  




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Absent a statutory or constitutional recognition of journalistic privilege, a reporter may be
compelled to testify in legal, administrative, or other governmental proceedings. To date, 33 states
and the District of Columbia have recognized a journalists' privilege through enactment of press
"shield" statutes, which protect the relationship between reporters, their source, and sometimes,
the information that may be communicated in that relationship. Another 16 states have adopted a
journalists' privilege through court decisions; Wyoming is the only state without a legislatively or
judicially adopted journalists' privilege. The journalists' privilege is distinct from other
recognized privileges, in that the privilege vests only with the journalist, not with the source of
the information.

This report briefly provides a brief overview of the state shield statutes and then sets forth the full
text of each.




   
                                             




    
Introduction ..................................................................................................................................... 1
State Shield Statutes ........................................................................................................................ 2



   
Author Contact Information .......................................................................................................... 44




    
                                      





In general, in both federal and state judicial proceedings, every competent person may be
compelled to testify. Testimonial privileges are exceptions to this rule; they are generally granted
to allow concealment of communications made in confidence between persons holding certain
relationships that have been deemed worthy of protection. Testimonial privileges are generally
granted by common law or by statute; these include the lawyer-client and the doctor-patient
privileges. There is also one testimonial privilege expressly granted in the United States
Constitution: the Fifth Amendment's guarantee that no person "shall be compelled in any criminal
case to be a witness against himself."

Absent a statutory or constitutional recognition of journalists' privilege, a reporter may be
compelled to testify in legal, administrative, or other governmental proceedings. Thirty-three
states and the District of Columbia have recognized a journalists' privilege through enactment of
press "shield laws," which protect the relationship between reporters, their source, and
sometimes, the information that may be communicated in that relationship.1 Another 16 states
have recognized a journalists' privilege through court decisions; Wyoming is the only state that
has no legislatively or judicially adopted journalists' privilege. The journalists' privilege is
distinct from other recognized privileges in that it vests only with the journalist, not with the
source of the information.

In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court ruled for the first and only time
on a claim of journalists' privilege. It held that journalists have no constitutional privilege to
refuse to testify before a grand jury, unless the grand jury investigation was "instituted or
conducted other than in good faith." Id. at 707. The court reasoned that the public's interest in
prosecuting crime outweighed its interest in journalists' being permitted to preserve their
confidential relationships.

In Branzburg, the Supreme Court noted that there was "merit in leaving state legislatures free,
within First Amendment limits, to fashion their own standards" regarding journalists' privilege.
Id. at 706. In addition, the court noted that "[i]t goes without saying, of course, that we are
powerless to bar state courts from responding in their own way and construing their own
constitutions so as to recognize a newsman's privilege, either qualified or absolute." Id. It is with
that understanding that, since Branzburg, 49 states and the District of Columbia have either
enacted legislation or issued court rulings protecting the press, to varying degrees, from
unfettered disclosure of sources, work product, and information generally.

The various state statutes range in scope, from broad protections that provide an absolute
journalistic privilege, to shield laws that offer a qualified privilege. The majority of state shield
laws offer some form of a qualified privilege to reporters, protecting source information in
judicial settings, unless the compelling party can establish that the information is (i) relevant or
material; (ii) unavailable by other means, or through other sources; and (iii) that a compelling
need exists for that information. States may vary this last prong, with some requiring the
compelling party to establish whether the need exists as to the party's case, and others whether
the need serves a broader public policy.

1
 The most recent of these statute is that of the State of Washington, which was signed by the governor on April 27,
2007, and takes effect July 22, 2007.




      
                                   




Although the vast majority of states protect a confidential source's identity, a number of states
also protect a reporter's notes, outtakes, or work product. A small minority of states further
protect a reporter's personal observations.

In addition to addressing what is covered, states differ as to who is covered and under what
situations they are covered. For instance, many states require that a newsperson must be
professionally engaged in the dissemination of information to the public, while other states use
broader definitions of what constitutes a press person and may include individuals who are
freelancers, authors, electronic publishers, or educators. Some states further require that, in order
to qualify as a member of the news media, evidence or records must be kept documenting actual
publication or broadcast, especially when radio or television media are concerned.

Finally, Federal Rule of Evidence 501 provides that, in civil cases that arise under state law but
are brought in federal court, privileges shall be determined "in accordance with State law." It also
provides that, in federal courts, "the privilege of a witness ... shall be governed by the principles
of the common law as they may be interpreted by the courts of the United States in the light of
reason and experience. The federal courts have not resolved whether the common law provides a
journalists' privilege.

The remainder of this report sets forth the full text of the state shield statutes.


  
ALABAMA
(Ala. Code 1975 § 12-21-142 (2004))

Sec. 12-21-142 Exemption of news-gathering persons from disclosing sources.

No person engaged in, connected with or employed on any newspaper, radio broadcasting station
or television station, while engaged in a news-gathering capacity, shall be compelled to disclose
in any legal proceeding or trial, before any court or before a grand jury of any court, before the
presiding officer of any tribunal or his agent or agents or before any committee of the Legislature
or elsewhere the sources of any information procured or obtained by him and published in the
newspaper, broadcast by any broadcasting station, or televised by any television station on which
he is engaged, connected with or employed.

ALASKA
(Alaska Stat. §§ 09.25.300-390 (Matthew Bender 2004))

Sec. § 09.25.300 Claiming of privilege by public official or reporter.

Except as provided in AS 09.25.300 - 09.25.390, a public official or reporter may not be
compelled to disclose the source of information procured or obtained while acting in the course of
duties as a public official or reporter.

Sec. 09.25.310 Challenge of privilege before superior or supreme court.

(a) When a public official or reporter claims the privilege in a cause being heard before the
supreme court or a superior court of this state, a person who has the right to question the public



   
                                   




official or reporter in that proceeding, or the court on its own motion, may challenge the claim of
privilege. The court shall make or cause to be made whatever inquiry the court thinks necessary
to a determination of the issue. The inquiry may be made instanter by way of questions put to the
witness claiming the privilege and a decision then rendered, or the court may require the presence
of other witnesses or documentary showing or may order a special hearing for the determination
of the issue of privilege.

(b) The court may deny the privilege and may order the public official or the reporter to testify,
imposing whatever limits upon the testimony and upon the right of cross-examination of the
witness as may be in the public interest or in the interest of a fair trial, if it finds the withholding
of the testimony would

        (1) result in a miscarriage of justice or the denial of a fair trial to those who challenge the
        privilege; or

        (2) be contrary to the public interest.

Sec. 09.25.320 Challenge of privilege before other bodies

(a) This section is applicable to a hearing held under the laws of this state

        (1) before a court other than the supreme or a superior court;

        (2) before a court commissioner, referee, or other court appointee;

        (3) in the course of legislative proceedings or before a commission, agency, or committee
        created by the legislature;

        (4) before an agency or representative of an agency of the state, borough, city or other
        municipal corporation, or other body; or

        (5) before any other forum of this state.

(b) If, in a hearing, a public official or a reporter should refuse to divulge the source of
information, the agency body, person, official, or party seeking the information may apply to the
superior court for an order divesting the official or reporter of the privilege. When the issue is
raised before the supreme or a superior court, the application must be made to that court.

(c) Application for an order shall be made by verified petition setting out the reasons why the
disclosure is essential to the administration of justice, a fair trial in the instant proceeding, or the
protection of the public interest. Upon application, the court shall determine the notice to be given
to the public official or reporter and fix the time and place of hearing. The court shall make or
cause to be made whatever inquiry the court thinks necessary, and make a determination of the
issue as provided for in AS 09.25.310.

Sec. 09.25.330 Order subject to review

An order of the superior court entered under AS 09.25.300 - 09.25.390 shall be subject to review
by the supreme court, by appeal or by certiorari, as the rules of that court may provide. During the
pendency of the appeal, the privilege shall remain in full force and effect.




   
                                 




Sec. 09.25.340 Extent of privilege

When a public official or reporter claims the privilege conferred by AS 09.25.300 - AS 09.25.390
and the public official or reporter has not been divested of the privilege by order of the supreme
or superior court, neither the public official or reporter nor the news organization with which the
reporter was associated may thereafter be permitted to plead or prove the sources of information
withheld, unless the informant consents in writing or in open court.

Sec. 09.25.350 Application of privilege in other courts

AS 09.25.300 - 09.25.390 also apply to proceedings held under the laws of the United States or
any other state where the law of this state is being applied.

Sec. 09.25.360 AS 09.25.300 - 09.25.390 do not abridge other privileges.

AS 09.25.300 - 09.25.390 may not be construed to abridge any of the privileges recognized under
the laws of this state, whether at common law or by statute.

Sec. 09.25.390 Definitions for AS 09.25.300 - 09.25.390

In AS 09.25.300 - 09.25.390, unless the context otherwise requires,

            (1) "news organization" means

                (A) an individual, partnership, corporation, or other association regularly
                engaged in the business of

                    (i) publishing a newspaper or other periodical that reports news events, is
                    issued at regular intervals, and has a general circulation;

                    (ii) providing newsreels or other motion picture news for public showing; or

                    (iii) broadcasting news to the public by wire, radio, television, or facsimile;

                (B) a press association or other association of individuals, partnerships,
                corporations, or other associations described in (A)(i), (ii), or (iii) of this
                paragraph engaged in gathering news and disseminating it to its members for
                publication;

            (2) "privilege" means the conditional privilege granted to public officials and
            reporters to refuse to testify as to a source of information;

            (3) "public official" means a person elected to a public office created by the
            Constitution or laws of this state, whether executive, legislative, or judicial, and who
            was holding that office at the time of the communication for which privilege is
            claimed;

            (4) "reporter" means a person regularly engaged in the business of collecting or
            writing news for publication, or presentation to the public, through a news
            organization; it includes persons who were reporters at the time of the
            communication, though not at the time of the claim of privilege.


   
                                  




ARIZONA
(Ariz. Rev. Stat. Ann. § 12-2237 (West 2004))

§ 12-2237. Reporter and informant

A person engaged in newspaper, radio, television or reportorial work, or connected with or
employed by a newspaper, radio or television station, shall not be compelled to testify or disclose
in a legal proceeding or trial or any proceeding whatever, or before any jury, inquisitorial body or
commission, or before a committee of the legislature, or elsewhere, the source of information
procured or obtained by him for publication in a newspaper or for broadcasting over a radio or
television station with which he was associated or by which he is employed.

ARKANSAS
(Ark. Code Ann. § 16-85-510 (West 2003 & Supp. 2004))

§ 16-85-510 Privilege

Before any editor, reporter, or other writer for any newspaper, periodical, or radio station, or
publisher of any newspaper or periodical, or manager or owner of any radio station shall be
required to disclose to any grand jury or to any other authority the source of information used as
the basis for any article he may have written, published, or broadcast, it must be shown that the
article was written, published, or broadcast in bad faith, with malice, and not in the interest of the
public welfare.

CALIFORNIA
(Cal. Evid. Code § 1070 (West 2005))

§ 1070. Refusal to disclose news source

(a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper,
magazine, or other periodical publication, or by a press association or wire service, or any person
who has been so connected or employed, cannot be adjudged in contempt by a judicial,
legislative, administrative body, or any other body having the power to issue subpoenas, for
refusing to disclose, in any proceeding as defined in Section 901, the source of any information
procured while so connected or employed for publication in a newspaper, magazine or other
periodical publication, or for refusing to disclose any unpublished information obtained or
prepared in gathering, receiving or processing of information for communication to the public.

(b) Nor can a radio or television news reporter or other person connected with or employed by a
radio or television station, or any person who has been so connected or employed, be so adjudged
in contempt for refusing to disclose the source of any information procured while so connected or
employed for news or news commentary purposes on radio or television, or for refusing to
disclose any unpublished information obtained or prepared in gathering, receiving or processing
of information for communication to the public.

(c) As used in this section, "unpublished information" includes information not disseminated to
the public by the person from whom disclosure is sought, whether or not related information has
been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or
other data of whatever sort not itself disseminated to the public through a medium of
communication, whether or not published information based upon or related to such material has
been disseminated.


   
                                  




COLORADO
(Colo. Rev. Stat. Ann. § 13-90-119 (West 2004))

13-90-119. Privilege for newsperson

(1) As used in this section, unless the context otherwise requires:

    (a) "Mass medium" means any publisher of a newspaper or periodical; wire service; radio or
    television station or network; news or feature syndicate; or cable television system.

    (b) "News information" means any knowledge, observation, notes, documents, photographs,
    films, recordings, videotapes, audiotapes, and reports, and the contents and sources thereof,
    obtained by a newsperson while engaged as such, regardless of whether such items have been
    provided to or obtained by such newsperson in confidence.

    (c) "Newsperson" means any member of the mass media and any employee or independent
    contractor of a member of the mass media who is engaged to gather, receive, observe,
    process, prepare, write, or edit news information for dissemination to the public through the
    mass media.

    (d) "Press conference" means any meeting or event called for the purpose of issuing a public
    statement to members of the mass media, and to which members of the mass media are
    invited in advance.

    (e) "Proceeding" means any civil or criminal investigation, discovery procedure, hearing,
    trial, or other process for obtaining information conducted by, before, or under the authority
    of any judicial body of the state of Colorado. Such term shall not include any investigation,
    hearing, or other process for obtaining information conducted by, before, or under the
    authority of the general assembly.

    (f) "Source" means any person from whom or any means by or through which news
    information is received or procured by a newsperson, while engaged as such, regardless of
    whether such newsperson was requested to hold confidential the identity of such person or
    means.

(2) Notwithstanding any other provision of law to the contrary and except as provided in
subsection (3) of this section, no newsperson shall, without such newsperson's express consent,
be compelled to disclose, be examined concerning refusal to disclose, be subjected to any legal
presumption of any kind, or be cited, held in contempt, punished, or subjected to any sanction in
any judicial proceedings for refusal to disclose any news information received, observed,
procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of
a newsperson; except that the privilege of nondisclosure shall not apply to the following:

    (a) News information received at a press conference;

    (b) News information which has actually been published or broadcast through a medium of
    mass communication;

    (c) News information based on a newsperson's personal observation of the commission of a
    crime if substantially similar news information cannot reasonably be obtained by any other
    means;


   
                                  




    (d) News information based on a newsperson's personal observation of the commission of a
    class 1, 2, or 3 felony.

(3) Notwithstanding the privilege of nondisclosure granted in subsection (2) of this section, any
party to a proceeding who is otherwise authorized by law to issue or obtain subpoenas may
subpoena a newsperson in order to obtain news information by establishing by a preponderance
of the evidence, in opposition to a newsperson's motion to quash such subpoena:

    (a) That the news information is directly relevant to a substantial issue involved in the
    proceeding;

    (b) That the news information cannot be obtained by any other reasonable means; and

    (c) That a strong interest of the party seeking to subpoena the newsperson outweighs the
    interests under the first amendment to the United States constitution of such newsperson in
    not responding to a subpoena and of the general public in receiving news information.

(4) The privilege of nondisclosure established by subsection (2) of this section may be waived
only by the voluntary testimony or disclosure of a newsperson that directly addresses the news
information or identifies the source of such news information sought. A publication or broadcast
of a news report through the mass media concerning the subject area of the news information
sought, but which does not directly address the specific news information sought, shall not be
deemed a waiver of the privilege of nondisclosure as to such specific news information.

(5) In any trial to a jury in an action in which a newsperson is a party as a result of such person's
activities as a newsperson and in which the newsperson has invoked the privilege created by
subsection (2) of this section, the jury shall be neither informed nor allowed to learn that such
newsperson invoked such privilege or has thereby declined to disclose any news information.

(6) Nothing in this section shall preclude the issuance of a search warrant in compliance with the
federal "Privacy Protection Act of 1980", 42 U.S.C. sec. 2000aa.

CONNECTICUT
(Conn. Gen. Stat. Ann. 52-146t, 2006 P.A. 06-140)

(a) As used in this section:

(1) "Information" has its ordinary meaning and includes, but is not limited to, any oral, written or
pictorial material, whether or not recorded, including any notes, outtakes, photographs, video or
sound tapes, film or other data of whatever sort in any medium; and

(2) "News media" means:

(A) Any newspaper, magazine or other periodical, book publisher, news agency, wire service,
radio or television station or network, cable or satellite or other transmission system or carrier, or
channel or programming service for such station, network, system or carrier, or audio or
audiovisual production company that disseminates information to the public, whether by print,
broadcast, photographic, mechanical, electronic or any other means or medium;

(B) Any person who is or has been an employee, agent or independent contractor of any entity
specified in subparagraph (A) of this subdivision and is or has been engaged in gathering,


   
                                  




preparing or disseminating information to the public for such entity, or any other person
supervising or assisting such person with gathering, preparing or disseminating information; or

(C) Any parent, subsidiary, division or affiliate of any person or entity specified in subparagraph
(A) or (B) of this subdivision to the extent the subpoena or other compulsory process seeks the
identity of a source or the information described in subsection (b) of this section.

(b) No judicial, executive or legislative body with the power to issue a subpoena or other
compulsory process may compel the news media to testify concerning, or to produce or otherwise
disclose, any information obtained or received, whether or not in confidence, by the news media
in its capacity in gathering, receiving or processing information for potential communication to
the public, or the identity of the source of any such information, or any information that would
tend to identify the source of any such information, unless such judicial, executive or legislative
body complies with the provisions of subsections (c) to (e), inclusive, of this section.

(c) Prior negotiations with the news media shall be pursued in all matters in which the issuance of
a subpoena to, or the initiation of other compulsory process against, the news media is
contemplated for information described in subsection (b) of this section or the identity of the
source of such information, or any information that would tend to identify the source of any such
information.

(d) If the news media and the party seeking to compel disclosure of information described in
subsection (b) of this section or the identity of the source of any such information, or any
information that would tend to identify the source of any such information, fail to reach a
resolution, a court may compel disclosure of such information or the identity of the source of
such information only if the court finds, after notice to and an opportunity to be heard by the
news media, that the party seeking such information or the identity of the source of such
information has established by clear and convincing evidence:

(1) That (A) in a criminal investigation or prosecution, based on information obtained from other
sources than the news media, there are reasonable grounds to believe that a crime has occurred, or
(B) in a civil action or proceeding, based on information obtained from other sources than the
news media, there are reasonable grounds to sustain a cause of action; and

(2) That (A) the information or the identity of the source of such information is critical or
necessary to the investigation or prosecution of a crime or to a defense thereto, or to the
maintenance of a party's claim, defense or proof of an issue material thereto, (B) the information
or the identity of the source of such information is not obtainable from any alternative source, and
(C) there is an overriding public interest in the disclosure.

(e) A court of this state shall apply the procedures and standards specified by this section to any
subpoena or other compulsory process whether it arises from or is associated with a proceeding
under the laws of this state or any other jurisdiction, except that with respect to a proceeding
arising under the laws of another jurisdiction, a court of this state shall not afford lesser protection
to the news media than that afforded by such other jurisdiction. No subpoena or compulsory
process arising from or associated with a proceeding under the laws of another jurisdiction shall
be enforceable in this state unless a court in this state has personal jurisdiction over the person or
entity against which enforcement is sought.




   
                                  




(f) The provisions of subsection (b) of this section protecting from compelled disclosure
information described in said subsection and the identity of the source of any such information
shall also apply if a subpoena is issued to, or other compulsory process is initiated against, a third
party that seeks information concerning business transactions between such third party and the
news media for the purpose of obtaining information described in said subsection or discovering
the identity of a source of any such information. Whenever a subpoena is issued to, or other
compulsory process is initiated against, a third party that seeks information concerning business
transactions between such third party and the news media, the affected news media shall be given
reasonable and timely notice of the subpoena or compulsory process before it is executed or
initiated, as the case may be, and an opportunity to be heard.

(g) Publication or dissemination by the news media of information described in subsection (b) of
this section, or a portion thereof, shall not constitute a waiver of the protection from compelled
disclosure provided in said subsection with respect to any information that is not published or
disseminated.

(h) Any information obtained in violation of the provisions of this section, and the identity of the
source of such information, shall be inadmissible in any action, proceeding or hearing before any
judicial, executive or legislative body.

(i)Whenever any person or entity seeks the disclosure from the news media of information that is
not protected against compelled disclosure pursuant to subsection (b) of this section, such person
or entity shall pay the actual cost that would be incurred by the news media in making a copy of
such information if a subpoena or other compulsory process was not available, and may not use a
subpoena or other compulsory process as a means to avoid paying such actual cost.

(j) Nothing in subsections (a) to (i), inclusive, of this section shall be construed to deny or
infringe the rights of an accused in a criminal prosecution guaranteed under the sixth amendment
to the Constitution of the United States and article twenty-ninth of the amendments to the
Constitution of the state of Connecticut.

DELAWARE
(Del. Code Ann. Tit. 10, §§ 4320-4326 (2004))

§ 4320 Definitions.

As used in this subchapter:

(1) "Adjudicative proceeding" means any judicial or quasi-judicial proceeding in which the rights
of parties are determined but does not include any proceeding of a grand jury.

(2) "Information" means any oral, written or pictorial material and includes, but is not limited to,
documents, electronic impulses, expressions of opinion, films, photographs, sound records, and
statistical data.

(3) "Person" means individual, corporation, statutory trust, business trust, estate, trust, partnership
or association, governmental body, or any other legal entity.

(4) "Reporter" means any journalist, scholar, educator, polemicist, or other individual who either:




   
                                  




    a. At the time he or she obtained the information that is sought was earning his or her
    principal livelihood by, or in each of the preceding three weeks or four of the preceding eight
    weeks had spent at least 20 hours engaged in the practice of, obtaining or preparing
    information for dissemination with the aid of facilities for the mass reproduction of words,
    sounds, or images in a form available to the general public; or

    b. Obtained the information that is sought while serving in the capacity of an agent, assistant,
    employee, or supervisor of an individual who qualifies as a reporter under subparagraph a.

(5) "Source" means a person from whom a reporter obtained information by means of written or
spoken communication or the transfer of physical objects, but does not include a person from
whom a reporter obtained information by means of personal observation unaccompanied by any
other form of communication and does not include a person from whom another person who is
not a reporter obtained information, even if the information was ultimately obtained by a reporter.

(6) "Testify" means give testimony, provide tangible evidence, submit to a deposition, or answer
interrogatories.

(7) "Within the scope of his or her professional activities" means any situation, including a social
gathering, in which the reporter obtains information for the purpose of disseminating it to the
public, but does not include any situation in which the reporter intentionally conceals from the
source the fact that he or she is a reporter and does not include any situation in which the reporter
is an eyewitness to or participant in an act involving physical violence or property damage.

§ 4321 Privilege in nonadjudicative proceedings.

A reporter is privileged in a nonadjudicative proceeding to decline to testify concerning either the
source or content of information that he obtained within the scope of his professional activities.

§ 4322 Privilege in adjudicative proceedings.

A reporter is privileged in an adjudicative proceeding to decline to testify concerning the source
or content of information that he or she obtained within the scope of his or her professional
activities if the reporter states under oath that the disclosure of the information would violate an
express or implied understanding with the source under which the information was originally
obtained or would substantially hinder the reporter in the maintenance of existing source
relationships or the development of new source relationships.

§ 4323 Exceptions to the privilege in adjudicative proceedings.

(a) Unless the disclosure of the content of the information would substantially increase the
likelihood that the source of the information will be discovered, the privilege provided by § 4322
shall not prevent a reporter from being required in an adjudicative proceeding to testify
concerning the content, but not the source, of information that the reporter obtained within the
scope of his or her professional activities if the judge determines that the public interest in having
the reporter's testimony outweighs the public interest in keeping the information confidential. In
making this determination, the judge shall take into account the importance of the issue on which
the information is relevant, the efforts that have been made by the subpoenaing party to acquire
evidence on the issue from alternative sources, the sufficiency of the evidence available from
alternative sources, the circumstances under which the reporter obtained the information, and the



   
                                   




likely effect that disclosure of the information will have on the future flow of information to the
public.

(b) The privilege provided by § 4322 shall not prevent a reporter from being required in an
adjudicative proceeding to testify concerning either the source or the content of information that
the reporter obtained within the scope of his or her professional activities if the party seeking to
have the reporter testify proves by a preponderance of the evidence that the sworn statement
submitted by the reporter as required by § 4322 is untruthful.

§ 4324 Determination of privilege claim.

A person who invokes the privilege provided by this subchapter may not be required to testify in
any proceeding except by court order. If a person invokes the privilege in any proceeding other
than a court proceeding, the body or party seeking to have the person testify may apply to the
Superior Court for an order requiring the claimant of the privilege to testify. If the Court
determines that the claimant does not qualify for the privilege under the provisions of this
subchapter, it shall order the claimant to testify.

§ 4325 Waiver.

If a reporter waives the privilege provided by this subchapter with respect to certain facts, he or
she may be cross-examined on the testimony or other evidence he or she gives concerning those
facts but not on other facts with respect to which the reporter claims the privilege. A reporter does
not waive or forfeit the privilege by disclosing all or any part of the information protected by the
privilege to any other person.

DISTRICT OF COLUMBIA
(D.C. Code Ann. §§ 16-4701 to 4704 (2004))

16-4701. Definitions

For the purpose of this chapter, the term "news media" means:

(1) Newspapers;

(2) Magazines;

(3) Journals;

(4) Press associations;

(5) News agencies;

(6) Wire services;

(7) Radio;

(8) Television; or

(9) Any printed, photographic, mechanical, or electronic means of disseminating news and
information to the public.


   
                                  




§ 16-4702. Compelled disclosure prohibited.

Except as provided in 1. section 16-4703, no judicial, legislative, administrative, or other body
with the power to issue a subpoena shall compel any person who is or has been employed by the
news media in a news gathering or news disseminating capacity to disclose:

(1) The source of any news or information procured by the person while employed by the news
media and acting in an official news gathering capacity, whether or not the source has been
promised confidentiality; or

(2) Any news or information procured by the person while employed by the news media in the
course of pursuing professional activities that is not itself communicated in the news media,
including any:

    (A) Notes;

    (B) Outtakes;

    (C) Photographs or photographic negatives;

    (D) Video or sound tapes;

    (E) Film; or

    (F) Other data, irrespective of its nature, not itself communicated in the news media.

§ 16-4703. Compelled disclosure permitted.

(a) A court may compel disclosure of news or information otherwise protected from disclosure
under section 16-4702(2) if the court finds that the party seeking the news or information
established by clear and convincing evidence that:

    (1) The news or information is relevant to a significant legal issue before a judicial,
    legislative, administrative, or other body that has the power to issue a subpoena;

    (2) The news or information could not, with due diligence, be obtained by any alternative
    means; and

    (3) There is an overriding public interest in the disclosure.

(b) A court may not compel disclosure of the source of any information protected under section
16-4702.

§ 16-4704. Activities not constituting a waiver

The publication by the news media or the dissemination by a person employed by the news media
of a source of news or information, or a portion of the news or information, procured while
pursuing professional activities shall not constitute a waiver of the protection from compelled
disclosure that is contained in section 16-4702.




   
                                  




FLORIDA
(Fla. Stat. Ann. § 90.5015 (West 2004))

90.5015. Journalist's privilege

(1) Definitions.--For purposes of this section, the term:

    (a) "Professional journalist" means a person regularly engaged in collecting, photographing,
    recording, writing, editing, reporting, or publishing news, for gain or livelihood, who
    obtained the information sought while working as a salaried employee of, or independent
    contractor for, a newspaper, news journal, news agency, press association, wire service, radio
    or television station, network, or news magazine. Book authors and others who are not
    professional journalists, as defined in this paragraph, are not included in the provisions of this
    section.

    (b) "News" means information of public concern relating to local, statewide, national, or
    worldwide issues or events.

(2) Privilege.--A professional journalist has a qualified privilege not to be a witness concerning,
and not to disclose the information, including the identity of any source, that the professional
journalist has obtained while actively gathering news. This privilege applies only to information
or eyewitness observations obtained within the normal scope of employment and does not apply
to physical evidence, eyewitness observations, or visual or audio recording of crimes. A party
seeking to overcome this privilege must make a clear and specific showing that:

    (a) The information is relevant and material to unresolved issues that have been raised in the
    proceeding for which the information is sought;

    (b) The information cannot be obtained from alternative sources; and

    (c) A compelling interest exists for requiring disclosure of the information.

(3) Disclosure.--A court shall order disclosure pursuant to subsection (2) only of that portion of
the information for which the showing under subsection (2) has been made and shall support such
order with clear and specific findings made after a hearing.

(4) Waiver.--A professional journalist does not waive the privilege by publishing or broadcasting
information.

(5) Construction.--This section must not be construed to limit any privilege or right provided to
a professional journalist under law.

(6) Authentication.--Photographs, diagrams, video recordings, audio recordings, computer
records, or other business records maintained, disclosed, provided, or produced by a professional
journalist, or by the employer or principal of a professional journalist, may be authenticated for
admission in evidence upon a showing, by affidavit of the professional journalist, or other
individual with personal knowledge, that the photograph, diagram, video recording, audio
recording, computer record, or other business record is a true and accurate copy of the original,
and that the copy truly and accurately reflects the observations and facts contained therein.




   
                                   




(7) Accuracy of evidence.--If the affidavit of authenticity and accuracy, or other relevant factual
circumstance, causes the court to have clear and convincing doubts as to the authenticity or
accuracy of the proferred evidence, the court may decline to admit such evidence.

(8) Severability.--If any provision of this section or its application to any particular person or
circumstance is held invalid, that provision or its application is severable and does not affect the
validity of other provisions or applications of this section.

GEORGIA
(Ga. Code Ann. § 24-9-30 2004))

24-9-30. Qualified privilege for persons, companies, or other entities engaged in news
gathering or dissemination

Any person, company, or other entity engaged in the gathering and dissemination of news for the
public through a newspaper, book, magazine, or radio or television broadcast shall have a
qualified privilege against disclosure of any information, document, or item obtained or prepared
in the gathering or dissemination of news in any proceeding where the one asserting the privilege
is not a party, unless it is shown that this privilege has been waived or that what is sought:

    (1) Is material and relevant;

    (2) Cannot be reasonably obtained by alternative means; and

    (3) Is necessary to the proper preparation or presentation of the case of a party seeking the
    information, document, or item.

HAWAII

No shield statute exists for this state.

IDAHO

No shield statute exists for this state.

ILLINOIS
(735 Ill. Comp. Stat. Ann. 5/8-901 to -909 (West 2004))

§ 8-901. Source of information.

No court may compel any person to disclose the source of any information obtained by a reporter
except as provided in Part 9 of Article VIII of this act.

§ 8-902. Definitions. As used in this act:

(a) "reporter" means any person regularly engaged in the business of collecting, writing or editing
news for publication through a news medium on a full-time or part-time basis; and includes any
person who was a reporter at the time the information sought was procured or obtained.

(b) "news medium" means any newspaper or other periodical issued at regular intervals whether
in print or electronic format and having a general circulation; a news service whether in print or


   
                                  




electronic format; a radio station; a television station; a television network; a community antenna
television service; and any person or corporation engaged in the making of news reels or other
motion picture news for public showing.

(c) "source" means the person or means from or through which the news or information was
obtained.

§ 8-903. Application to court.

(a) In any case, except a libel or slander case, where a person claims the privilege conferred by
Part 9 of Article VIII of this act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county where the hearing, action
or proceeding in which the information is sought for an order divesting the person named therein
of such privilege and ordering him or her to disclose his or her source of the information.

(b) In libel or slander cases where a person claims the privilege conferred by Part 9 of Article VIII
of this act, the plaintiff may apply in writing to the court for an order divesting the person named
therein of such privilege and ordering him or her to disclose his or her source of information.

§ 8-904. Contents of application.

The application provided in Section 8-903 of this act shall allege: the name of the reporter and of
the news medium with which he or she was connected at the time the information sought was
obtained; the specific information sought and its relevancy to the proceedings; and, either, a
specific public interest which would be adversely affected if the factual information sought were
not disclosed, or, in libel or slander cases, the necessity of disclosure of the information sought to
the proof of plaintiff's case. Additionally, in libel or slander cases, the plaintiff must include in the
application provided in Section 8-903 a prima facie showing of falsity of the alleged defamation
and actual harm or injury due to the alleged defamation.

§ 8-905. Civil proceeding.

All proceedings in connection with obtaining an adjudication upon the application not otherwise
provided in Part 9 of Article VIII of this act shall be as in other civil cases.

§ 8-906. Consideration by Court.

In granting or denying divestiture of the privilege provided in Part 9 of Article VIII of this act the
court shall have due regard to the nature of the proceedings, the merits of the claim or defense,
the adequacy of the remedy otherwise available, if any, the relevancy of the source, and the
possibility of establishing by other means that which it is alleged the source requested will tend to
prove.

§ 8-907. Court's findings.

An order granting divestiture of the privilege provided in Part 9 of Article VIII of this act shall be
granted only if the court, after hearing the parties, finds:

    (1) that the information sought does not concern matters, or details in any proceeding,
    required to be kept secret under the laws of this State or of the Federal government; and



   
                                  




    (2) that all other available sources of information have been exhausted and, either, disclosure
    of the information sought is essential to the protection of the public interest involved or, in
    libel or slander cases, the plaintiff's need for disclosure of the information sought outweighs
    the public interest in protecting the confidentiality of sources of information used by a
    reporter as part of the news gathering process under the particular facts and circumstances of
    each particular case.

If the court enters an order divesting the person of the privilege granted in Part 9 of Article VIII
of this act it shall also order the person to disclose the information it has determined should be
disclosed, subject to any protective conditions as the court may deem necessary or appropriate.

§ 8-908. Privilege continues during pendency of appeal.

In case of an appeal the privilege conferred by Part 9 of Article VIII of this act remains in full
force and effect during the pendency of such appeal.

§ 8-909. Contempt.

A person refusing to testify or otherwise comply with the order to disclose the source of the
information as specified in such order, after such order becomes final, may be adjudged in
contempt of court and punished accordingly.

INDIANA
(Ind. Code Ann. §§ 34-46-4-1 to 2 (West 2004))

34-46-4-1 Applicability of chapter.

Sec. 1. This chapter applies to the following persons:

(1) any person connected with, or any person who has been connected with or employed by:

    (A) a newspaper or other periodical issued at regular intervals and having a general
    circulation; or

    (B) a recognized press association or wire service;

as a bona fide owner, editorial or reportorial employee, who receives or has received income from
legitimate gathering, writing, editing and interpretation of news; and

(2) any person connected with a licensed radio or television station as owner, official, or as an
editorial or reportorial employee who receives or has received income from legitimate gathering,
writing, editing, interpreting, announcing or broadcasting of news.

34-46-4-2 Privilege against disclosure of source of information.

Sec. 2. A person described in section 1 of this chapter shall not be compelled to disclose in any
legal proceedings or elsewhere the source of any information procured or obtained in the course
of the person's employment or representation of a newspaper, periodical, press association, radio
station, television station, or wire service, whether:

(1) published or not published:


   
                                   




    (A) in the newspaper or periodical; or

    (B) by the press association or wire service; or

(2) broadcast or not broadcast by the radio station or television station; by which the person is
employed.

IOWA

No shield statute exists for this state.

KANSAS

No shield statute exists for this state.

KENTUCKY
(Ky. Rev. Stat. Ann. § 421.100 (Baldwin 2004))

421.100 Newspaper, radio or television broadcasting station personnel need not disclose
source of information

No person shall be compelled to disclose in any legal proceeding or trial before any court, or
before any grand or petit jury, or before the presiding officer of any tribunal, or his agent or
agents, or before the General Assembly, or any committee thereof, or before any city or county
legislative body, or any committee thereof, or elsewhere, the source of any information procured
or obtained by him, and published in a newspaper or by a radio or television broadcasting station
by which he is engaged or employed, or with which he is connected.

LOUISIANA
(La. Rev. Stat. Ann. §§ 45:1451-1459 (West 2004))

§ 1451. Definitions

"Reporter" shall mean any person regularly engaged in the business of collecting, writing or
editing news for publication through a news media. The term reporter shall include all persons
who were previously connected with any news media as aforesaid as to the information obtained
while so connected.

"News Media" shall include

(a) Any newspaper or other periodical issued at regular intervals and having a paid general
circulation;

(b) Press associations;

(c) Wire service;

(d) Radio;

(e) Television; and



   
                                  




(f) Persons or corporations engaged in the making of news reels or other motion picture news for
public showing.

§ 1452. Conditional privilege from compulsory disclosure of informant or source

Except as hereinafter provided, no reporter shall be compelled to disclose in any administrative,
judicial or legislative proceedings or anywhere else the identity of any informant or any source of
information obtained by him from another person while acting as a reporter.

§ 1453. Revocation of privilege; procedure

In any case where the reporter claims the privilege conferred by this Part, the persons or parties
seeking the information may apply to the district court of the parish in which the reporter resides
for an order to revoke the privilege. In the event the reporter does not reside within the state, the
application shall be made to the district court of the parish where the hearing, action or
proceeding in which the information is sought is pending. The application for such an order shall
set forth in writing the reason why the disclosure is essential to the protection of the public
interest and service of such application shall be made upon the reporter. The order shall be
granted only when the court, after hearing the parties, shall find that the disclosure is essential to
the public interest. Any such order shall be appealable under Article 2083 of the Louisiana Code
of Civil Procedure. In case of any such appeal, the privilege set forth in R.S. 45:1452 shall remain
in full force and effect during pendency of such appeal.

§ 1454. Defamation; burden of proof

If the privilege granted herein is claimed and if, in a suit for damages for defamation, a legal
defense of good faith has been asserted by a reporter or by a news media with respect to an issue
upon which the reporter alleges to have obtained information from a confidential source, the
burden of proof shall be on the reporter or news media to sustain this defense.

§ 1455. Substitution of affidavit for appearance and return; effect

A. When a subpoena is served on a news media organization or reporter as those terms are
defined in R.S. 45:1451 or on any custodian of records, photographer, or other representative of a
news media organization, in any judicial or administrative proceeding to which neither the news
media organization nor any reporter, custodian of records, photographer, or other representative is
a party, or in any legislative proceeding, it shall not be necessary for the news media organization,
the reporter, the custodian of records, the photographer, or the representative thus subpoenaed to
appear or to testify in response to the subpoena:

    (1) to confirm the circulation or the broadcast audience of the news media organization, or

    (2) to confirm the publication or broadcast of specified materials, if the reporter, custodian of
    records, photographer, or other representative of the news media organization delivers by
    registered mail or by hand, before or at the time specified in the subpoena, an affidavit in
    conformity with Subsection B of this Section together with any documents or records
    described in the subpoena to the clerk of the court or other tribunal, or, if there is no clerk,
    then to the court or other tribunal, or, with respect to a deposition subpoena, to the party
    requesting the issuance of the subpoena.




   
                                 




B. An affidavit delivered pursuant to Subsection A of this Section shall state in substance each of
the following:

    (1) The name of the proceeding and any docket number assigned to such proceeding as
    shown on the subpoena itself.

    (2) The name of the affiant and his business title or other description indicating his position or
    relationship to the party to whom the subpoena was issued if he is not the person to whom it
    was directed.

    (3) The dates of publication or broadcast records searched and the dates of publication or
    broadcast of the documents or records actually produced.

    (4) A statement that the documents or records produced were published or broadcast by the
    news media organization.

    (5) If requested, a statement summarizing the circulation or broadcast audience of the news
    media organization.

    (6) If requested, a statement describing the placement of an article within a publication.

    (7) An itemization of the costs of complying with the subpoena.

C. An affidavit conforming to the requirements of Subsection B of this Section shall be received
in evidence and shall be prima facie proof of its contents. A copy of any document, or the text
thereof, or of any record, including, without limitation, any article, photograph, or sound or video
recording, identified in the affidavit and stated in the affidavit to have been published or
broadcast shall be received in evidence and shall be prima facie proof of publication or broadcast
as stated in the affidavit.

D. This Section shall not affect the rights of parties to production of documents pursuant to the
laws governing discovery or other laws pertaining thereto.

§ 1456. Service of subpoenas; motion to quash or obtain additional time; award of costs

A. Unless otherwise ordered by the court, upon a showing of good cause therefor, a subpoena
issued to any news media organization, reporter, custodian of records, photographer, or other
representative of any news media organization, which is governed by R.S. 45:1455 through 1458,
shall be served at least ten days prior to the return date specified in the subpoena.

B. Nothing contained herein shall be construed to preclude or limit the right of the news media
organization, reporter, photographer, custodian of records, or other representative of any news
media organization to seek an order with respect to a subpoena pursuant to Article 1354 or Article
1426 of the Code of Civil Procedure, including, without limitation, an order continuing the return
date specified in the subpoena or quashing the subpoena on the ground that additional time is
reasonably necessary for compliance with the subpoena.

C. In a proceeding to quash any subpoena governed by R.S. 45:1455 through 1458, the court may,
after contradictory hearing, grant reasonable attorney fees and expenses to the prevailing party in
the contradictory hearing.



   
                                 




§ 1457. Payment of cost of compliance; deposit into registry of court

A. Upon receipt of a subpoena governed by R.S. 45:1455 through 1458, the news media
organization, reporter, custodian of records, photographer, or other representative of any news
media organization shall notify the party requesting the issuance of the subpoena of the
reasonable cost of compliance with the subpoena and the method of calculating the cost.

B. Upon receipt of notification of the cost of compliance as provided in Subsection A of this
Section, the party requesting the issuance of the subpoena shall deposit into the registry of the
court money or other security in the amount of such cost not less than two days prior to the return
date specified in the subpoena. If this amount is not timely deposited, the subpoenaed party may
file an affidavit with the court or tribunal setting forth that fact and no further compliance with
the subpoena shall be necessary.

C. The cost of compliance calculated by the subpoenaed party shall be presumed to be reasonable
unless the party requesting issuance of the subpoena requests a hearing, and the court finds, after
such hearing, that the cost of compliance calculated by the subpoenaed party is not reasonable, in
which case the court shall make an adjustment of the amount deposited into the registry of the
court. The court may, after contradictory hearing, grant reasonable attorney fees and expenses to
the prevailing party in that contradictory hearing.

D. Any amount deposited into the registry of the court pursuant to this Section shall be taxed as
court costs pursuant to the rules governing the proceeding.

§ 1458. Application to other proceedings and discovery

The provisions of R.S. 45:1455 through 1458 shall apply to subpoenas issued in connection with
all legislative hearings, administrative proceedings, grand jury hearings and proceedings
conducted under Article 66 of the Code of Criminal Procedure. The provisions of this Chapter
shall also govern all subpoenas issued in connection with depositions or other discovery
authorized by law.

§ 1459. Qualified protection for nonconfidential news

A. "News" shall mean any written, oral, pictorial, photographic, electronic, or other information
or communication, whether or not recorded, concerning local, national, or worldwide events or
other matters of public concern or public interest or affecting the public welfare.

B. (1) Notwithstanding the provisions of any law to the contrary, no reporter or news media
   organization, as those terms are defined in R.S. 45:1451, nor any photographer, custodian of
   records, or other representative of any news media organization shall be adjudged in contempt
   by any court in connection with any civil or criminal proceeding, or by the legislature or other
   body having contempt powers, nor shall a grand jury seek to have such person held in
   contempt by any court, legislature, or other body having contempt powers for refusing or
   failing to disclose any news which was not published or broadcast but was obtained or
   prepared by such person in the course of gathering or obtaining news, or the source of any
   such news, even if such news was not obtained or received in confidence, unless a court has
   found that the party seeking such news has made a clear and specific showing that the news:

        (a) Is highly material and relevant;



   
                                   




        (b) Is critical or necessary to the maintenance of a party's claim, defense, or proof of an
        issue material thereto; and

        (c) Is not obtainable from any alternative source.

    (2) A court shall order disclosure only of such portion, or portions, of the news sought as to
    which the above-described showing has been made and shall support such order with clear
    and specific findings made after a contradictory hearing.

    (3) In any proceeding brought pursuant to this Subsection, the court may, after a contradictory
    hearing, grant reasonable attorney fees and expenses to the prevailing party in such hearing.

C. Notwithstanding the provisions of any law to the contrary, a person entitled to claim the
qualified protection provided under the provisions of Subsection B of this Section to whom a
subpoena is directed may, within ten days after the service thereof, or, on or before the time
specified in the subpoena for compliance, if such time is less than ten days after service, serve
upon the attorney designated in the subpoena written objection specifying the grounds for his
objection. Once objection is made, the party serving the subpoena shall not be entitled to
compliance except pursuant to an order of the court from which the subpoena was issued. The
party serving the subpoena may, if objection has been made, move upon notice to the person who
served the objection for an order compelling compliance with such subpoena after a hearing in
conformity with the provisions of Subsection B of this Section and based upon the findings
required therein.

D. (1) In addition to the provisions of Subsections B and C of this Section, and notwithstanding
   the provisions of any law to the contrary, no grand jury, or official body, acting on behalf or
   under the authority of the attorney general or a district attorney, shall request, make
   arrangement for, or otherwise cause the service of a subpoena upon any person entitled to
   claim the exemption provided under Subsection B of this Section unless the attorney general
   or a district attorney, acting either alone or upon the direction of a grand jury, has certified in
   writing that the information sought by such subpoena:

        (a) Is highly material and relevant;

        (b) Bears directly on the guilt or innocence of the accused; and

        (c) Is not obtainable from any alternative source.

    (2) The written certification shall be made available to the subpoenaed person upon that
    person's request. If the certification required by this Subsection is made, the provisions of
    Subsection C of this Section shall not apply.

E. Any order ordering disclosure pursuant to Subsection C of this Section or compelling
compliance with a subpoena pursuant to Subsection D of this Section shall be appealable under
Code of Civil Procedure Article 2083. In case of any such appeal, the qualified protection set
forth in Subsection B of this Section shall remain in full force and effect during the pendency of
such appeal.

MAINE

No shield statute exists for this state.


   
                                   




MARYLAND
(Md. Code Ann., Cts. & Jud. Proc. § 9-112 (2004))

§ 9-112. News media privilege

(a) In this section, "news media" means:

    (1) Newspapers;

    (2) Magazines;

    (3) Journals;

    (4) Press associations;

    (5) News agencies;

    (6) Wire services;

    (7) Radio;

    (8) Television; and

    (9) Any printed, photographic, mechanical, or electronic means of disseminating news and
    information to the public.

(b) The provisions of this section apply to any person who is, or has been, employed by the news
media in any news gathering or news disseminating capacity.

(c) Except as provided in subsection (d) of this section, any judicial, legislative, or administrative
body, or any body that has the power to issue subpoenas may not compel any person described in
subsection (b) of this section to disclose:

    (1) The source of any news or information procured by the person while employed by the
    news media, whether or not the source has been promised confidentiality; or

    (2) Any news or information procured by the person while employed by the news media, in
    the course of pursuing professional activities, for communication to the public but which is
    not so communicated, in whole or in part, including:

        (i) Notes;

        (ii) Outtakes;

        (iii) Photographs or photographic negatives;

        (iv) Video and sound tapes;

        (v) Film; and




   
                                   




        (vi) Other data, irrespective of its nature, not itself disseminated in any manner to the
        public.

(d)(1) A court may compel disclosure of news or information, if the court finds that the party
seeking news or information protected under subsection (c)(2) of this section has established by
clear and convincing evidence that:

        (i) The news or information is relevant to a significant legal issue before any judicial,
        legislative, or administrative body, or any body that has the power to issue subpoenas;

        (ii) The news or information could not, with due diligence, be obtained by any alternate
        means; and

        (iii) There is an overriding public interest in disclosure.

    (2) A court may not compel disclosure under this subsection of the source of any news or
    information protected under subsection (c)(1) of this section.

(e) If any person employed by the news media disseminates a source of any news or information,
or any portion of the news or information procured while pursuing professional activities, the
protection from compelled disclosure under this section is not waived by the individual.

MASSACHUSETTS

No shield statute exists for this state.

MICHIGAN
(Mich. Comp. Laws Ann. § 767.5a (West 2004))

767.5a. Reporters; disclosure of informant identity or information, exception; attorneys,
clergy, physicians; privileged and confidential communications.

(1) A reporter or other person who is involved in the gathering or preparation of news for
broadcast or publication shall not be required to disclose the identity of an informant, any
unpublished information obtained from an informant, or any unpublished matter or
documentation, in whatever manner recorded, relating to a communication with an informant, in
any inquiry authorized by this act, except an inquiry for a crime punishable by imprisonment for
life when it has been established that the information which is sought is essential to the purpose
of the proceeding and that other available sources of the information have been exhausted.

MINNESOTA
(Minn. Stat. §§ 595.021-025 (2005))

595.021. News media; protection of sources; citation

Sections 595.021 to 595.025 may be cited as the "Minnesota Free Flow of Information Act."

595.022. Public policy

In order to protect the public interest and the free flow of information, the news media should
have the benefit of a substantial privilege not to reveal sources of information or to disclose


   
                                 




unpublished information. To this end, the freedom of press requires protection of the confidential
relationship between the news gatherer and the source of information. The purpose of sections
595.021 to 595.025 is to insure and perpetuate, consistent with the public interest, the confidential
relationship between the news media and its sources.

595.023. Disclosure prohibited

Except as provided in section 595.024, no person who is or has been directly engaged in the
gathering, procuring, compiling, editing, or publishing of information for the purpose of
transmission, dissemination or publication to the public shall be required by any court, grand jury,
agency, department or branch of the state, or any of its political subdivisions or other public body,
or by either house of the legislature or any committee, officer, member, or employee thereof, to
disclose in any proceeding the person or means from or through which information was obtained,
or to disclose any unpublished information procured by the person in the course of work or any of
the person's notes, memoranda, recording tapes, film or other reportorial data whether or not it
would tend to identify the person or means through which the information was obtained.

595.024. Exception and procedure

Subdivision 1. Disclosure; application. A person seeking disclosure may apply to the district
court of the county where the person employed by or associated with a news media resides, has a
principal place of business or where the proceeding in which the information sought is pending.

Subdivision 2. Disclosure allowed; conditions. The application shall be granted only if the court
determines after hearing the parties that the person making application, by clear and convincing
evidence, has met all three of the following conditions:

    (1) that there is probable cause to believe that the specific information sought (i) is clearly
    relevant to a gross misdemeanor or felony, or (ii) is clearly relevant to a misdemeanor so long
    as the information would not tend to identify the source of the information or the means
    through which it was obtained,

    (2) that the information cannot be obtained by alternative means or remedies less destructive
    of first amendment rights, and

    (3) that there is a compelling and overriding interest requiring the disclosure of the
    information where the disclosure is necessary to prevent injustice.

Subdivision 3. Determination; appeal. The district court shall consider the nature of the
proceedings, the merits of the claims and defenses, the adequacies of alternative remedies, the
relevancy of the information sought, and the possibility of establishing by other means that which
the source is expected or may tend to prove. The court shall make its appropriate order after
making findings of fact. The order may be appealed directly to the court of appeals according to
the rules of appellate procedure. The order is stayed and nondisclosure shall remain in full force
and effect during the pendency of the appeal. Where the court finds that the information sought
has been published or broadcast, there shall be no automatic stay unless an appeal is filed within
two days after the order is issued. Either party may request expedited consideration.




   
                                   




595.025. Defamation

Subdivision 1. Disclosure prohibition; applicability. The prohibition of disclosure provided in
section 595.023 shall not apply in any defamation action where the person seeking disclosure can
demonstrate that the identity of the source will lead to relevant evidence on the issue of actual
malice.

Subdivision 2. Disclosure conditions. Notwithstanding the provisions of subdivision 1, the
identity of the source of information shall not be ordered disclosed unless the following
conditions are met:

    (a) that there is probable cause to believe that the source has information clearly relevant to
    the issue of defamation;

    (b) that the information cannot be obtained by any alternative means or remedy less
    destructive of first amendment rights.

Subdivision 3. Determination; appeal. The court shall make its order on the issue of disclosure
after making findings of fact, which order may be appealed to the court of appeals according to
the rules of appellate procedure. During the appeal the order is stayed and nondisclosure shall
remain in full force and effect.

MISSISSIPPI

No shield statute exists for this state.

MISSOURI

No shield statute exists for this state.

MONTANA
(Mont. Code Ann. §§ 26-1-901 to 903 (2003))

26-1-901. Short title

This part shall be known and may be cited as the "Media Confidentiality Act."

26-1-902. Extent of privilege

(1) Without his or its consent no person, including any newspaper, magazine, press association,
news agency, news service, radio station, television station, or community antenna television
service or any person connected with or employed by any of these for the purpose of gathering,
writing, editing, or disseminating news may be examined as to or may be required to disclose any
information obtained or prepared or the source of that information in any legal proceeding if the
information was gathered, received, or processed in the course of his employment or its business.

(2) A person described in subsection (1) may not be adjudged in contempt by a judicial,
legislative, administrative, or any other body having the power to issue subpoenas for refusing to
disclose or produce the source of any information or for refusing to disclose any information
obtained or prepared in gathering, receiving, or processing information in the course of his or its
business.


   
                                  




26-1-903. Waiver of privilege

(1) Except as provided in subsection (2), dissemination in whole or in part does not constitute a
waiver of provisions of 26-1-902.

(2) If the person claiming the privilege testifies, with or without having been subpoenaed or
ordered to testify or produce the source, before a judicial, legislative, administrative, or other
body having the power to issue subpoenas or judicially enforceable orders, he does not waive the
provisions of 26-1-902 unless the person voluntarily agrees to waive the privilege or voluntarily
discloses the source in the course of his testimony. Except as provided in this subsection, the
provisions of 26-1-902 may not be waived.

NEBRASKA
(Neb. Rev. Stat. §§ 20-144 to 147 (2004))

§ 20-144. Finding by Legislature.

The Legislature finds:

(1) That the policy of the State of Nebraska is to insure the free flow of news and other
information to the public, and that those who gather, write, or edit information for the public or
disseminate information to the public may perform these vital functions only in a free and
unfettered atmosphere;

(2) That such persons shall not be inhibited, directly or indirectly, by governmental restraint or
sanction imposed by governmental process, but rather that they shall be encouraged to gather,
write, edit, or disseminate news or other information vigorously so that the public may be fully
informed;

(3) That compelling such persons to disclose a source of information or disclose unpublished
information is contrary to the public interest and inhibits the free flow of information to the
public;

(4) That there is an urgent need to provide effective measures to halt and prevent this inhibition;

(5) That the obstruction of the free flow of information through any medium of communication to
the public affects interstate commerce; and

(6) That sections 20-144 to 20-147 are necessary to insure the free flow of information and to
implement the first and fourteenth amendments and Article I, section 5, of the United States
Constitution, and the Nebraska Constitution.

§ 20-145. Terms, defined.

For purposes of the Free Flow of Information Act, unless the context otherwise requires:

(1) Federal or state proceeding shall include any proceeding or investigation before or by any
federal or state judicial, legislative, executive, or administrative body;




   
                                  




(2) Medium of communication shall include, but not be limited to, any newspaper, magazine,
other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast
station or network, or cable television system;

(3) Information shall include any written, audio, oral, or pictorial news or other material;

(4) Published or broadcast information shall mean any information disseminated to the public by
the person from whom disclosure is sought;

(5) Unpublished or nonbroadcast information shall include information not disseminated to the
public by the person from whom disclosure is sought, whether or not related information has been
disseminated and shall include, but not be limited to, all notes, outtakes, photographs, film, tapes,
or other data of whatever sort not itself disseminated to the public through a medium of
communication, whether or not published or broadcast information based upon or related to such
material has been disseminated;

(6) Processing shall include compiling, storing, transferring, handling, and editing of information;
and

(7) Person shall mean any individual, partnership, limited liability company, corporation,
association, or other legal entity existing under or authorized by the law of the United States, any
state or possession of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any foreign country.

§ 20-146. Procuring, gathering, writing, editing, or disseminating news or other
information; not required to disclose to courts or public.

No person engaged in procuring, gathering, writing, editing, or disseminating news or other
information to the public shall be required to disclose in any federal or state proceeding:

(1) The source of any published or unpublished, broadcast or nonbroadcast information obtained
in the gathering, receiving, or processing of information for any medium of communication to the
public; or

(2) Any unpublished or nonbroadcast information obtained or prepared in gathering, receiving, or
processing of information for any medium of communication to the public.

§ 20-147. Act, how cited.

Sections 20-144 to 20-147 shall be known and may be cited as the Free Flow of Information Act.

NEVADA
(Nev. Rev. Stat. §§ 49.275, 49.385 (2005))

49.275. News media

No reporter, former reporter or editorial employee of any newspaper, periodical or press
association or employee of any radio or television station may be required to disclose any
published or unpublished information obtained or prepared by such person in such person's
professional capacity in gathering, receiving or processing information for communication to the



   
                                   




public, or the source of any information procured or obtained by such person, in any legal
proceedings, trial or investigation:

1. Before any court, grand jury, coroner's inquest, jury or any officer thereof.

2. Before the legislature or any committee thereof.

3. Before any department, agency or commission of the state.

4. Before any local governing body or committee thereof, or any officer of a local government.

49.385. Waiver of privilege by voluntary disclosure

1. A person upon whom these rules confer a privilege against disclosure of a confidential matter
waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or
consents to disclosure of any significant part of the matter.

2. This section does not apply if the disclosure is:

    (a) Itself a privileged communication; or

    (b) Made to an interpreter employed merely to facilitate communications.

NEW HAMPSHIRE

No shield statute exists for this state.

NEW JERSEY
(N.J. Stat. Ann. §§ 2A:84A-21 to 21.13 (2004))

2A:84A-21. Newsperson's privilege

Subject to Rule 37 [Now N.J.R.E. 530], a person engaged on, engaged in, connected with, or
employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing
or disseminating news for the general public or on whose behalf news is so gathered, procured,
transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or
quasi-legal proceeding or before any investigative body, including, but not limited to, any court,
grand jury, petit jury, administrative agency, the Legislature or legislative committee, or
elsewhere.

    a. The source, author, means, agency or person from or through whom any information was
    procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited,
    disseminated, or delivered; and

    b. Any news or information obtained in the course of pursuing his professional activities
    whether or not it is disseminated.

The provisions of this rule insofar as it relates to radio or television stations shall not apply unless
the radio or television station maintains and keeps open for inspection, for a period of at least one
year from the date of an actual broadcast or telecast, an exact recording, transcription, kinescopic
film or certified written transcript of the actual broadcast or telecast.


   
                                  




2A:84A-21a. Definitions; newsperson's privilege

Unless a different meaning clearly appears from the context of this act, as used in this act:

a. "News media" means newspapers, magazines, press associations, news agencies, wire services,
radio, television or other similar printed, photographic, mechanical or electronic means of
disseminating news to the general public.

b. "News" means any written, oral or pictorial information gathered, procured, transmitted,
compiled, edited or disseminated by, or on behalf of any person engaged in, engaged on,
connected with or employed by a news media and so procured or obtained while such required
relationship is in effect.

c. "Newspaper" means a paper that is printed and distributed ordinarily not less frequently than
once a week and that contains news, articles of opinion, editorials, features, advertising, or other
matter regarded as of current interest, has a paid circulation and has been entered at a United
States post office as second class matter.

d. "Magazine" means a publication containing news which is published and distributed
periodically, has a paid circulation and has been entered at a United States post office as second
class matter.

e. "News agency" means a commercial organization that collects and supplies news to
subscribing newspapers, magazines, periodicals and news broadcasters.

f. "Press association" means an association of newspapers or magazines formed to gather and
distribute news to its members.

g. "Wire service" means a news agency that sends out syndicated news copy by wire to
subscribing newspapers, magazines, periodicals or news broadcasters.

h. "In the course of pursuing his professional activities" means any situation, including a social
gathering, in which a reporter obtains information for the purpose of disseminating it to the
public, but does not include any situation in which a reporter intentionally conceals from the
source the fact that he is a reporter, and does not include any situation in which a reporter is an
eyewitness to, or participant in, any act involving physical violence or property damage.

2A:84A-21.1. Criminal proceeding; subpena; application of newsperson's privilege

Where a newsperson is required to disclose information pursuant to a subpena [So in original]
issued by or on behalf of a defendant in a criminal proceeding, not including proceedings before
administrative or investigative bodies, grand juries, or legislative committees or commissions, the
provisions and procedures in this act are applicable to the claim and exercise of the newsperson's
privilege under Rule 27 (C. 2A:84A-21) [See now N.J.R.E. 508].

2A:84A-21.3. Prima facie showing subpenaed materials obtained during professional
activities; waiver of newsperson's privilege or other grounds for disclosure; hearing

a. To sustain a claim of the newsperson's privilege under Rule 27 [Now N.J.R.E. 508] the
claimant shall make a prima facie showing that he is engaged in, connected with, or employed by
a news media for the purpose of gathering, procuring, transmitting, compiling, editing or


   
                                  




disseminating news for the general public or on whose behalf news is so gathered, procured,
transmitted, compiled, edited or disseminated, and that the subpenaed [So in original] materials
were obtained in the course of pursuing his professional activities.

b. To overcome a finding by the court that the claimant has made a prima facie showing under a.
above, the party seeking enforcement of the subpena shall show by clear and convincing evidence
that the privilege has been waived under Rule 37 (C.2A:84A-29) [Now, N.J.R.E. 530] or by a
preponderance of the evidence that there is a reasonable probability that the subpenaed materials
are relevant, material and necessary to the defense, that they could not be secured from any less
intrusive source, that the value of the material sought as it bears upon the issue of guilt or
innocence outweighs the privilege against disclosure, and that the request is not overbroad,
oppressive, or unreasonably burdensome which may be overcome by evidence that all or part of
the information sought is irrelevant, immaterial, unnecessary to the defense, or that it can be
secured from another source. Publication shall constitute a waiver only as to the specific materials
published.

c. The determinations to be made by the court pursuant to this section shall be made only after a
hearing in which the party claiming the privilege and the party seeking enforcement of the
subpena shall have a full opportunity to present evidence and argument with respect to each of the
materials or items sought to be subpenaed.

2A:84A-21.9. News media person or entity; freedom from searches and seizures of
documentary materials; exceptions

Any person, corporation, partnership, proprietorship or other entity engaged on, engaged in,
connected with, or otherwise employed in gathering, procuring, transmitting, compiling, editing,
publishing, or disseminating news for the public, or on whose behalf news is so gathered,
procured, transmitted, compiled, edited, published or disseminated shall be free from searches
and seizures, by State, county and local law enforcement officers with respect to any
documentary materials obtained in the course of pursuing the aforesaid activities whether or not
such material has been or will be disseminated or published.

This section shall not restrict or impair the ability of any law enforcement officer, pursuant to
otherwise applicable law, to search for or seize such materials, if there is probable cause to
believe that:

a. The person, corporation, partnership, proprietorship or other entity possessing the materials has
committed or is committing the criminal offense for which the materials are sought; or

b. The immediate seizure of the materials is necessary to prevent the death of or serious bodily
injury to a human being; or

c. The giving of notice pursuant to a subpena duces tecum would result in the destruction,
alteration or deliberate concealment of the documentary materials other than work product; or

d. The documentary materials, other than work product, have not been produced in response to a
court order directing compliance with a subpena duces tecum, and

    (1) All appellate remedies have been exhausted by the party seeking to quash the subpena
    duces tecum; or



   
                                  




    (2) There is a probability that the delay in an investigation or trial occasioned by further
    proceedings relating to the subpena would threaten the interests of justice. In the event a
    search warrant is sought pursuant to this subparagraph, the person, corporation, partnership,
    proprietorship or other entity possessing the materials shall be afforded adequate opportunity
    to submit an affidavit to the court setting forth the basis for any contention that the materials
    sought are not subject to seizure.

2A:84A-21.12. Additional definitions; newsperson's privilege

As used in this act:

a. "Documentary materials" means materials upon which information is recorded and includes,
but is not limited to, written or printed materials, photographs, tapes, videotapes, negatives, films,
outtakes and interview files.

b. "Work product" means any documentary materials created by or for a person in connection
with his plans, or the plans of the person creating such materials, to gather, file procure, transmit,
compile, edit, publish or disseminate news for the public, except such work product as constitutes
contraband, or the fruits, instrumentalities or evidence of a crime.

c. "Any other governmental unit" includes any branch, subdivision or agency of the government
of the State or any locality within it.

d. "Attorney General" means the Attorney General of the State of New Jersey, or his designee.

e. "County prosecutor" means the duly appointed prosecutor of a county, or his designee.

2A:84A-21.13. Inapplicability of act to rights of department of corrections

Nothing contained in this act shall be construed to limit the right of the Department of
Corrections to search the offices of inmate newspapers or the public information offices of any
inmate organization located within a correctional facility.

NEW MEXICO
(N.M. Stat. Ann. § 38-6-7 (West 2004))

§ 38-6-7. News sources and information; mandatory disclosure prohibited; definitions;
special procedure for prevention of injustice issue

A. Unless disclosure be essential to prevent injustice, no journalist or newscaster, or working
associates of a journalist or newscaster, shall be required to disclose before any proceeding or
authority, either:

    (1) the source of any published or unpublished information obtained in the gathering,
    receiving or processing of information for any medium of communication to the public; or

    (2) any unpublished information obtained or prepared in gathering, receiving or processing of
    information for any medium of communication to the public.

B. For the purpose of this act:



   
                                  




    (1) "proceeding or authority" includes any proceeding or investigation before, or by, any
    legislative, judicial, executive or administrative body or person;

    (2) "medium of communication" means any newspaper, magazine, press association, news
    service, wire service, news or feature syndicate, broadcast or television station or network, or
    cable television system;

    (3) "information" means any written, oral or pictorial news or other material;

    (4) "published information" means any information disseminated to the public by the person
    from whom disclosure is sought;

    (5) "unpublished information" includes information not disseminated to the public by the
    person from whom disclosure is sought, whether or not related information has been
    disseminated, and includes but is not limited to, all notes, news copy, outtakes, photographs,
    films, recording tapes or other data of whatever sort not disseminated to the public through a
    medium of communication;

    (6) "processing" includes compiling, storing and editing of information;

    (7) "journalist" means any person who, for gain is engaged in gathering, preparing, editing,
    analyzing or commenting on news for a newspaper, magazine, news agency, news or feature
    syndicate, press association or wire service, or who was so engaged at the time a source or
    information was procured;

    (8) "newscaster" means any person who, for gain is engaged in gathering, preparing, editing,
    analyzing, commenting on or broadcasting news for radio or television transmission, or who
    was so engaged at the time a source or information was procured; and

    (9) "working associates" means any person who works for the person, in his capacity as a
    journalist or newscaster, from whom a source or information is sought and who was so
    engaged at the time a source or information was procured, or any person employed by the
    same individual or entity that employs the person, in his capacity as a journalist or
    newscaster, from whom a source or information is sought, and who was so engaged at the
    time a source or information was procured.

C. If the proceeding in which disclosure is sought is in the district court, that court will determine
whether disclosure is essential to prevent injustice. In all other proceedings, application shall be
made to the district court of the county in which the proceeding is being held for an order for
disclosure. Disclosure shall, in no event, be ordered except upon written order of the district court
stating the reasons why disclosure is essential to prevent injustice. Such an order is appealable to
the supreme court if the appeal is docketed in that court within ten days after its entry. The matter
shall be considered as an extraordinary proceeding and shall be heard de novo and within twenty
days from date of docketing. The taking of an appeal shall operate to stay proceedings as to the
prevention of injustice issue only in the district court.




   
                                  




NEW YORK
(N.Y. Civ. Rights Law § 79-h (McKinney's Consol. 2004))

§ 79-h. Special provisions relating to persons employed by, or connected with, news media

(a) Definitions. As used in this section, the following definitions shall apply:

    (1) "Newspaper" shall mean a paper that is printed and distributed ordinarily not less
    frequently than once a week, and has done so for at least one year, and that contains news,
    articles of opinion (as editorials), features, advertising, or other matter regarded as of current
    interest, has a paid circulation and has been entered at United States post-office as second-
    class matter.

    (2) "Magazine" shall mean a publication containing news which is published and distributed
    periodically, and has done so for at least one year, has a paid circulation and has been entered
    at a United States post-office as second-class matter.

    (3) "News agency" shall mean a commercial organization that collects and supplies news to
    subscribing newspapers, magazines, periodicals and news broadcasters.

    (4) "Press association" shall mean an association of newspapers and/or magazines formed to
    gather and distribute news to its members.

    (5) "Wire service" shall mean a news agency that sends out syndicated news copy by wire to
    subscribing newspapers, magazines, periodicals or newsbroadcasters.

    (6) "Professional journalist" shall mean one who, for gain or livelihood, is engaged in
    gathering, preparing, collecting, writing, editing, filming, taping or photographing of news
    intended for a newspaper, magazine, news agency, press association or wire service or other
    professional medium or agency which has as one of its regular functions the processing and
    researching of news intended for dissemination to the public; such person shall be someone
    performing said function either as a regular employee or as one otherwise professionally
    affiliated for gain or livelihood with such medium of communication.

    (7) "Newscaster" shall mean a person who, for gain or livelihood, is engaged in analyzing,
    commenting on or broadcasting, news by radio or television transmission.

    (8) "News" shall mean written, oral, pictorial, photographic, or electronically recorded
    information or communication concerning local, national or worldwide events or other
    matters of public concern or public interest or affecting the public welfare.

(b) Exemption of professional journalists and newscasters from contempt: Absolute protection for
confidential news. Notwithstanding the provisions of any general or specific law to the contrary,
no professional journalist or newscaster presently or having previously been employed or
otherwise associated with any newspaper, magazine, news agency, press association, wire service,
radio or television transmission station or network or other professional medium of
communicating news or information to the public shall be adjudged in contempt by any court in
connection with any civil or criminal proceeding, or by the legislature or other body having
contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt
by any court, legislature or other body having contempt powers for refusing or failing to disclose
any news obtained or received in confidence or the identity of the source of any such news


   
                                  




coming into such person's possession in the course of gathering or obtaining news for publication
or to be published in a newspaper, magazine, or for broadcast by a radio or television
transmission station or network or for public dissemination by any other professional medium or
agency which has as one of its main functions the dissemination of news to the public, by which
such person is professionally employed or otherwise associated in a news gathering capacity
notwithstanding that the material or identity of a source of such material or related material
gathered by a person described above performing a function described above is or is not highly
relevant to a particular inquiry of government and notwithstanding that the information was not
solicited by the journalist or newscaster prior to disclosure to such person.

(c) Exemption of professional journalists and newscasters from contempt: Qualified protection
for nonconfidential news. Notwithstanding the provisions of any general or specific law to the
contrary, no professional journalist or newscaster presently or having previously been employed
or otherwise associated with any newspaper, magazine, news agency, press association, wire
service, radio or television transmission station or network or other professional medium of
communicating news to the public shall be adjudged in contempt by any court in connection with
any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor
shall a grand jury seek to have a journalist or newscaster held in contempt by any court,
legislature, or other body having contempt powers for refusing or failing to disclose any
unpublished news obtained or prepared by a journalist or newscaster in the course of gathering or
obtaining news as provided in subdivision (b) of this section, or the source of any such news,
where such news was not obtained or received in confidence, unless the party seeking such news
has made a clear and specific showing that the news: (i) is highly material and relevant; (ii) is
critical or necessary to the maintenance of a party's claim, defense or proof of an issue material
thereto; and (iii) is not obtainable from any alternative source. A court shall order disclosure only
of such portion, or portions, of the news sought as to which the above-described showing has
been made and shall support such order with clear and specific findings made after a hearing. The
provisions of this subdivision shall not affect the availability, under appropriate circumstances, of
sanctions under section thirty-one hundred twenty-six of the civil practice law and rules.

(d) Any information obtained in violation of the provisions of this section shall be inadmissible in
any action or proceeding or hearing before any agency.

(e) No fine or imprisonment may be imposed against a person for any refusal to disclose
information privileged by the provisions of this section.

(f) The privilege contained within this section shall apply to supervisory or employer third person
or organization having authority over the person described in this section.

(g) Notwithstanding the provisions of this section, a person entitled to claim the exemption
provided under subdivision (b) or (c) of this section waives such exemption if such person
voluntarily discloses or consents to disclosure of the specific information sought to be disclosed
to any person not otherwise entitled to claim the exemptions provided by this section.




   
                                  




NORTH CAROLINA
(West's N. C. Gen. Stat. Ann. § 8-53.11 (2004))

§ 8-53.11. Persons, companies, or other entities engaged in gathering or dissemination of
news

(a) Definitions.--The following definitions apply in this section:

    (1) Journalist.--Any person, company, or entity, or the employees, independent contractors,
    or agents of that person, company, or entity, engaged in the business of gathering, compiling,
    writing, editing, photographing, recording, or processing information for dissemination via
    any news medium.

    (2) Legal proceeding.--Any grand jury proceeding or grand jury investigation; any criminal
    prosecution, civil suit, or related proceeding in any court; and any judicial or quasi-judicial
    proceeding before any administrative, legislative, or regulatory board, agency, or tribunal.

    (3) News medium.--Any entity regularly engaged in the business of publication or
    distribution of news via print, broadcast, or other electronic means accessible to the general
    public.

(b) A journalist has a qualified privilege against disclosure in any legal proceeding of any
confidential or nonconfidential information, document, or item obtained or prepared while acting
as a journalist.

(c) In order to overcome the qualified privilege provided by subsection (b) of this section, any
person seeking to compel a journalist to testify or produce information must establish by the
greater weight of the evidence that the testimony or production sought:

    (1) Is relevant and material to the proper administration of the legal proceeding for which the
    testimony or production is sought;

    (2) Cannot be obtained from alternate sources; and

    (3) Is essential to the maintenance of a claim or defense of the person on whose behalf the
    testimony or production is sought.

Any order to compel any testimony or production as to which the qualified privilege has been
asserted shall be issued only after notice to the journalist and a hearing and shall include clear and
specific findings as to the showing made by the person seeking the testimony or production.

(d) Notwithstanding subsections (b) and (c) of this section, a journalist has no privilege against
disclosure of any information, document, or item obtained as the result of the journalist's
eyewitness observations of criminal or tortious conduct, including any physical evidence or visual
or audio recording of the observed conduct.




   
                                    




NORTH DAKOTA
(N.D. Cent. Code § 31-01-06.2 (Matthew Bender 2003))

31-01-06.2 Disclosure of news sources and information required only on court order.

No person shall be required in any proceeding or hearing to disclose any information or the
source of any information procured or obtained while the person was engaged in gathering,
writing, photographing, or editing news and was employed by or acting for any organization
engaged in publishing or broadcasting news, unless directed by an order of a district court of this
state which, after hearing, finds that the failure of disclosure of such evidence will cause a
miscarriage of justice.

OHIO
(Ohio Rev. Code Ann. §§ 2739.04, 2739.12 (Baldwin's Ohio Revised Code 2004))

2739.04 Revelation of news source by broadcasters

No person engaged in the work of, or connected with, or employed by any noncommercial
educational or commercial radio broadcasting station, or any noncommercial educational or
commercial television broadcasting station, or network of such stations, for the purpose of
gathering, procuring, compiling, editing, disseminating, publishing, or broadcasting news shall be
required to disclose the source of any information procured or obtained by such person in the
course of his employment, in any legal proceeding, trial, or investigation before any court, grand
jury, petit jury, or any officer thereof, before the presiding officer of any tribunal, or his agent, or
before any commission, department, division, or bureau of this state, or before any county or
municipal body, officer, or committee thereof.

Every noncommercial educational or commercial radio broadcasting station, and every
noncommercial educational or commercial television broadcasting station shall maintain for a
period of six months from the date of its broadcast thereof, a record of those statements of
information the source of which was procured or obtained by persons employed by the station in
gathering, procuring, compiling, editing, disseminating, publishing, or broadcasting news.

As used in this section:

(A) "Record" includes a tape, disc, script, or any other item or document that sets forth the
content of the statements that are required by this section to be recorded.

(B) "Noncommercial educational television or radio broadcasting station" means a television or
radio broadcast station that is licensed by the federal communications commission as a
noncommercial educational radio or television broadcast station, transmits only noncommercial
programs for educational purposes, and is owned and operated by:

    (1) A public agency or institution or a nonprofit private foundation, corporation, or
    association;

    (2) A municipal corporation.




   
                                  




2739.12 Newspaper reporters not required to reveal source of information

No person engaged in the work of, or connected with, or employed by any newspaper or any
press association for the purpose of gathering, procuring, compiling, editing, disseminating, or
publishing news shall be required to disclose the source of any information procured or obtained
by such person in the course of his employment, in any legal proceeding, trial, or investigation
before any court, grand jury, petit jury, or any officer thereof, before the presiding officer of any
tribunal, or his agent, or before any commission, department, division, or bureau of this state, or
before any county or municipal body, officer or committee thereof.

OKLAHOMA
(Okla. Stat. Ann. Tit. 12, § 2506 (2004))

§ 2506. Journalist's privilege

A. As used in this section:

    1. "State proceeding" includes any proceeding or investigation before or by any judicial,
    legislative, executive or administrative body in this state;

    2. "Medium of communication" includes any newspaper, magazine, other periodical, book,
    pamphlet, news service, wire service, news or feature syndicate, broadcast station or network,
    cable television system, or record;

    3. "Information" includes any written, oral or pictorial news or other record;

    4. "Published information" means any information disseminated to the public by the person
    from whom disclosure is sought;

    5. "Unpublished information" includes information not disseminated to the public by the
    person from whom disclosure is sought, whether or not related information has been
    disseminated, and includes, but is not limited to, all notes, outtakes, photographs, tapes or
    other data of whatever sort not itself disseminated to the public through a medium of
    communication, whether or not published information based upon or related to such material
    has been disseminated;

    6. "Processing" includes compiling, storing and editing of information; and

    7. "Journalist" means any person who is a reporter, photographer, editor, commentator,
    journalist, correspondent, announcer, or other individual regularly engaged in obtaining,
    writing, reviewing, editing, or otherwise preparing news for any newspaper, periodical, press
    association, newspaper syndicate, wire service, radio or television station, or other news
    service. Any individual employed by any such news service in the performance of any of the
    above-mentioned activities shall be deemed to be regularly engaged in such activities.
    However, journalist shall not include any governmental entity or individual employed thereby
    engaged in official governmental information activities.

B. No journalist shall be required to disclose in a state proceeding either:

    1. The source of any published or unpublished information obtained in the gathering,
    receiving or processing of information for any medium of communication to the public; or


   
                                 




    2. Any unpublished information obtained or prepared in gathering, receiving or processing of
    information for any medium of communication to the public; unless the court finds that the
    party seeking the information or identity has established by clear and convincing evidence
    that such information or identity is relevant to a significant issue in the action and could not
    with due diligence be obtained by alternate means.

This subsection does not apply with respect to the content or source of allegedly defamatory
information, in a civil action for defamation wherein the defendant asserts a defense based on the
content or source of such information.

OREGON
(West's Or. Rev. Stat. §§ 44.510 to 540 (2003))

44.510. Definitions

As used in ORS 44.510 to 44.540, unless the context requires otherwise:

(1) "Information" has its ordinary meaning and includes, but is not limited to, any written, oral,
pictorial or electronically recorded news or other data.

(2) "Medium of communication" has its ordinary meaning and includes, but is not limited to, any
newspaper, magazine or other periodical, book, pamphlet, news service, wire service, news or
feature syndicate, broadcast station or network, or cable television system. Any information
which is a portion of a governmental utterance made by an official or employee of government
within the scope of the official's or employee's governmental function, or any political
publication subject to ORS 260.532 and 260.605, is not included within the meaning of "medium
of communication."

(3) "Processing" has its ordinary meaning and includes, but is not limited to, the compiling,
storing and editing of information.

(4) "Published information" means any information disseminated to the public.

(5) "Unpublished information" means any information not disseminated to the public, whether or
not related information has been disseminated. "Unpublished information" includes, but is not
limited to, all notes, out-takes, photographs, tapes or other data of whatever sort not themselves
disseminated to the public through a medium of communication, whether or not published
information based upon or related to such material has been disseminated.

44.520. Media personnel, compulsion of testimony or production of evidence; search of
media persons' papers, effects or work premises

(1) No person connected with, employed by or engaged in any medium of communication to the
public shall be required by a legislative, executive or judicial officer or body, or any other
authority having power to compel testimony or the production of evidence, to disclose, by
subpoena or otherwise:

    (a) The source of any published or unpublished information obtained by the person in the
    course of gathering, receiving or processing information for any medium of communication
    to the public; or



   
                                  




    (b) Any unpublished information obtained or prepared by the person in the course of
    gathering, receiving or processing information for any medium of communication to the
    public.

(2) No papers, effects or work premises of a person connected with, employed by or engaged in
any medium of communication to the public shall be subject to a search by a legislative,
executive or judicial officer or body, or any other authority having power to compel the
production of evidence, by search warrant or otherwise. The provisions of this subsection,
however, shall not apply where probable cause exists to believe that the person has committed, is
committing or is about to commit a crime.

44.540. Informant as witness

If the informant offers the informant as a witness, it is deemed a consent to the examination also
of a person described in ORS 44.520 on the same subject.

PENNSYLVANIA
(42 Pa. Cons. Stat. Ann. § 5942 (Purdon's Pennsylvania Statutes and Consolidated Statutes
Annotated 2004))

§ 5942. Confidential communications to news reporters

(a) General rule.--No person engaged on, connected with, or employed by any newspaper of
general circulation or any press association or any radio or television station, or any magazine of
general circulation, for the purpose of gathering, procuring, compiling, editing or publishing
news, shall be required to disclose the source of any information procured or obtained by such
person, in any legal proceeding, trial or investigation before any government unit.

(b) Exception.--The provisions of subsection (a) insofar as they relate to radio or television
stations shall not apply unless the radio or television station maintains and keeps open for
inspection, for a period of at least one year from the date of the actual broadcast or telecast, an
exact recording, transcription, kinescopic film or certified written transcript of the actual
broadcast or telecast.

RHODE ISLAND
(R.I. Gen. Laws §§ 9-19.1-1 to 1-3 (2004))

9-19.1-1. "Newspaper" defined.--

A newspaper or periodical as described in this chapter must be issued at regular intervals and
have a paid circulation.

9-19.1-2. Nondisclosure of confidential information.--

Except as provided in § 9-19.1-3, no person shall be required by any court, grand jury, agency,
department, or commission of the state to reveal confidential association, to disclose any
confidential information, or to disclose the source of any confidential information received or
obtained by him or her in his or her capacity as a reporter, editor, commentator, journalist, writer,
correspondent, newsphotographer, or other person directly engaged in the gathering or
presentation of news for any accredited newspaper, periodical, press association, newspaper
syndicate, wire service, or radio or television station.


   
                                  




9-19.1-3. Qualifications.--

(a) The privilege conferred by § 9-19.1-2 shall not apply to any information which has at any time
been published, broadcast, or otherwise made public by the person claiming the privilege.

(b) The privilege conferred by § 9-19.1-2 shall not apply:

    (1) To the source of any allegedly defamatory information in any case where the defendant, in
    a civil action for defamation, asserts a defense based on the source of the information; or

    (2) To the source of any information concerning the details of any grand jury or other
    proceeding which was required to be secret under the laws of the state.

(c) In any case where a person claims a privilege conferred by this statute, the person seeking the
information or the source of the information may apply to the superior court for an order
divesting the privilege. If the court, after hearing the parties, shall find that there is substantial
evidence that disclosure of the information or of the source of the information is necessary to
permit a criminal prosecution for the commission of a specific felony, or to prevent a threat to
human life, and that the information or the source of the information is not available from other
prospective witnesses, the court may make such order as may be proper under the circumstance.
Any such order shall be appealable under the provisions of chapter 24 of title 9.

SOUTH CAROLINA
(S.C. Code Ann. § 19-11-100 (Law Co-op. Supp. 2004))

§ 19-11-100. Qualified privilege against disclosure for news media; waiver.

(A) A person, company, or entity engaged in or that has been engaged in the gathering and
dissemination of news for the public through a newspaper, book, magazine, radio, television,
news or wire service, or other medium has a qualified privilege against disclosure of any
information, document, or item obtained or prepared in the gathering or dissemination of news in
any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought
and where the one asserting the privilege is not a party in interest to the proceeding.

(B) The person, company, or other entity may not be compelled to disclose any information or
document or produce any item obtained or prepared in the gathering or dissemination of news
unless the party seeking to compel the production or testimony establishes by clear and
convincing evidence that this privilege has been knowingly waived or that the testimony or
production sought:

    (1) is material and relevant to the controversy for which the testimony or production is
    sought;

    (2) cannot be reasonably obtained by alternative means; and

    (3) is necessary to the proper preparation or presentation of the case of a party seeking the
    information, document, or item.

(C) Publication of any information, document, or item obtained in the gathering and
dissemination of news does not constitute a waiver of the qualified privilege against compelled
disclosure provided for in this section.


   
                                   




SOUTH DAKOTA

No shield statute exists for this state.

TENNESSEE
(Tenn. Code Ann. § 24-1-208 (West's 2004))

§ 24-1-208. Privileges and immunities; news media; exceptions

(a) A person engaged in gathering information for publication or broadcast connected with or
employed by the news media or press, or who is independently engaged in gathering information
for publication or broadcast, shall not be required by a court, a grand jury, the general assembly,
or any administrative body, to disclose before the general assembly or any Tennessee court, grand
jury, agency, department, or commission any information or the source of any information
procured for publication or broadcast.

(b) Subsection (a) shall not apply with respect to the source of any allegedly defamatory
information in any case where the defendant in a civil action for defamation asserts a defense
based on the source of such information.

(c)(1) Any person seeking information or the source thereof protected under this section may
apply for an order divesting such protection. Such application shall be made to the judge of the
court having jurisdiction over the hearing, action or other proceeding in which the information
sought is pending.

    (2) The application shall be granted only if the court after hearing the parties determines that
    the person seeking the information has shown by clear and convincing evidence that:

        (A) There is probable cause to believe that the person from whom the information is
        sought has information which is clearly relevant to a specific probable violation of law;

        (B) The person has demonstrated that the information sought cannot reasonably be
        obtained by alternative means; and

        (C) The person has demonstrated a compelling and overriding public interest of the
        people of the state of Tennessee in the information.

(3)(A) Any order of the trial court may be appealed to the court of appeals in the same manner as
other civil cases. The court of appeals shall make an independent determination of the
applicability of the standards in this subsection to the facts in the record and shall not accord a
presumption of correctness to the trial court's findings.

        (B) The execution of or any proceeding to enforce a judgment divesting the protection of
        this section shall be stayed pending appeal upon the timely filing of a notice of appeal in
        accordance with Rule 3 of the Tennessee Rules of Appellate Procedure, and the appeal
        shall be expedited upon the docket of the court of appeals upon the application of either
        party.

        (C) Any order of the court of appeals may be appealed to the supreme court of Tennessee
        as provided by law.



   
                                   




TEXAS

No shield statute exists for this state.

UTAH

No shield statute exists for this state.

VERMONT

No shield statute exists for this state.

VIRGINIA

No shield statute exists for this state.

WASHINGTON
(H.B. 1366, to take effect July 22, 2007)

(1) Except as provided in subsection (2) of this section, no judicial, legislative, administrative, or
other body with the power to issue a subpoena or other compulsory process may compel the news
media to testify, produce, or otherwise disclose:

(a) The identity of a source of any news or information or any information that would tend to
identify the source where such source has a reasonable expectation of confidentiality; or

(b) Any news or information obtained or prepared by the news media in its capacity in gathering,
receiving, or processing news or information for potential communication to the public,
including, but not limited to, any notes, outtakes, photographs, video or sound tapes, film, or
other data of whatever sort in any medium now known or hereafter devised. This does not include
physical evidence of a crime.

(2) A court may compel disclosure of the news or information described in subsection (1)(b) of
this section if the court finds that the party seeking such news or information established by clear
and convincing evidence:

(a)(i) In a criminal investigation or prosecution, based on information other than that information
being sought, that there are reasonable grounds to believe that a crime has occurred; or

(ii) In a civil action or proceeding, based on information other than that information being sought,
that there is a prima facie cause of action; and

(b) In all matters, whether criminal or civil, that:

(i) The news or information is highly material and relevant;

(ii) The news or information is critical or necessary to the maintenance of a party's claim,
defense, or proof of an issue material thereto;

(iii) The party seeking such news or information has exhausted all reasonable and available
means to obtain it from alternative sources; and


   
                                   




(iv) There is a compelling public interest in the disclosure. A court may consider whether or not
the news or information was obtained from a confidential source in evaluating the public interest
in disclosure.

(3) The protection from compelled disclosure contained in subsection (1) of this section also
applies to any subpoena issued to, or other compulsory process against, a nonnews media party
where such subpoena or process seeks records, information, or other communications relating to
business transactions between such nonnews media party and the news media for the purpose of
discovering the identity of a source or obtaining news or information described in subsection (1)
of this section. Whenever a subpoena is issued to, or other compulsory process is initiated against,
a nonnews media party where such subpoena or process seeks information or communications on
business transactions with the news media, the affected news media shall be given reasonable and
timely notice of the subpoena or compulsory process before it is executed or initiated, as the case
may be, and an opportunity to be heard. In the event that the subpoena to, or other compulsory
process against, the nonnews media party is in connection with a criminal investigation in which
the news media is the express target, and advance notice as provided in this section would pose a
clear and substantial threat to the integrity of the investigation, the governmental authority shall
so certify to such a threat in court and notification of the subpoena or compulsory process shall be
given to the affected news media as soon thereafter as it is determined that such notification will
no longer pose a clear and substantial threat to the integrity of the investigation.

(4) Publication or dissemination by the news media of news or information described in
subsection (1) of this section, or a portion thereof, shall not constitute a waiver of the protection
from compelled disclosure that is contained in subsection (1) of this section. In the event that the
fact of publication of news or information must be proved in any proceeding, that fact and the
contents of the publication may be established by judicial notice.

(5) The term "news media" means:

(a) Any newspaper, magazine or other periodical, book publisher, news agency, wire service,
radio or television station or network, cable or satellite station or network, or audio or audiovisual
production company, or any entity that is in the regular business of news gathering and
disseminating news or information to the public by any means, including, but not limited to, print,
broadcast, photographic, mechanical, internet, or electronic distribution;

(b) Any person who is or has been an employee, agent, or independent contractor of any entity
listed in (a) of this subsection, who is or has been engaged in bona fide news gathering for such
entity, and who obtained or prepared the news or information that is sought while serving in that
capacity; or

(c) Any parent, subsidiary, or affiliate of the entities listed in (a) or (b) of this subsection to the
extent that the subpoena or other compulsory process seeks news or information described in
subsection (1) of this section.

(6) In all matters adjudicated pursuant to this section, a court of competent jurisdiction may
exercise its inherent powers to conduct all appropriate proceedings required in order to make
necessary findings of fact and enter conclusions of law.




   
                                   




WEST VIRGINIA

No shield statute exists for this state.

WISCONSIN

No shield statute exists for this state.

WYOMING

No shield statute exists for this state.



    

Henry Cohen
Legislative Attorney
hcohen@crs.loc.gov, 7-7892




   

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