The right of journalists to refuse to testify regarding information or sources obtained as part of the news-gathering process, known as the reporter’s privilege, has been recognized by 49 of the 50 states and the District of Colombia. However, these...(read more)
New Jersey Appellate Court Adopts Narrow View Of Shield Law
In a decision with important implications for bloggers and other so-called "new media" journalists seeking to invoke the protections of their state's reporter's privilege, a New Jersey appeals court recently held that New Jersey's shield statute did...(read more)
Federal Shield Law Stalled in Senate Judiciary Committee
Federal reporter’s shield legislation has met with opposition in the Senate Judiciary Committee. The committee addressed S. 448 , the Free Flow of Information Act of 2009, in a hearing on September 17 but, ultimately, failed to report the bill out...(read more)
Free Press Reporter Allowed to Submit Confidential Affidavit
We have been closely following the saga of Detroit Free Press reporter David Ashenfelter and his efforts to avoid being forced to reveal the confidential source of information concerning former federal prosecutor, Richard Convertino. The former...(read more)
Free Press Reporter's Refusal to Reveal Source on Fifth Amendment Grounds Upheld
We have covered in a number of prior posts the saga of a former federal prosecutor's efforts to compel Detroit Free Press reporter David Ashenfelter to disclose the identity of a confidential source. This story has had a number of interesting twists...(read more)
Does the Constitution (Still) Protect the Identity of a Confidential Source?
A reporter’s or newsroom's best bet to quash an otherwise valid subpoena to appear in a state proceeding is a state shield statute (such as North Carolina ). If, however, the subpoena was issued at the federal law, such as from a United States...(read more)
Reporter Ordered to Sit for Second Deposition
In a new twist in a matter we have been following closely, a federal judge in Michigan issued a written ruling today ordering Detroit Free Press reporter David Ashenfelter to sit for a second deposition . The judge released his decision just over...(read more)
Contempt Hearing Held in Response to Reporter
As we reported in December, reporter David Ashenfelter of the Detroit Free Press refused to answer questions about a confidential source during his deposition in a civil lawsuit. The move was noteworthy because Ashenfelter, who was not a party in...(read more)