Questions and Answers
What is a Shield Law?
Shield laws give journalists the right to refuse to testify about information or about the identity of sources of information gleaned during the news gathering process.
49 of the 50 states have a Shield Law.
True
Why might some choose not to use Shield Laws?
Shield laws leave it up to the courts to decide who is a journalist, which some believe wrongly allows the government to regulate journalism.
What is New Jersey's Shield Law?
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In what type of proceedings is the Shield Law often used in NJ?
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What is the constitutional right of criminal defendants regarding Shield Law in NJ?
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What must be true for a journalist's Shield Law to be pierced in criminal cases?
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What type of media does the Shield Law cover?
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Which of the following is NOT covered by the Shield Law?
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What must claimants prove to be covered under Shield Law?
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Study Notes
Shield Laws Overview
- Shield laws protect journalists from being compelled to disclose sources or information gathered during reporting.
- 49 out of 50 states have enacted shield laws, with no federal protection in place.
- These laws prevent the exposure of whistleblowers' identities, encouraging transparency in reporting.
Criticism of Shield Laws
- Court interpretation of who qualifies as a journalist may lead to government overreach in regulating journalism.
- This ambiguity raises concerns about the independence of the press.
New Jersey Shield Law
- New Jersey’s shield law is particularly robust, safeguarding not only source identities but also any information obtained during professional activities.
Civil Proceedings and Shield Law in NJ
- Journalists can invoke shield laws in libel cases, aiming for complete protection against disclosing sources.
- The shield is designed to be absolute in civil matters.
Criminal Proceedings and Shield Law in NJ
- In criminal cases, defendants hold a constitutional right to evidence for their defense, limiting the shield law's applicability.
- Confidential information may be subject to disclosure if deemed necessary for legal defense.
Criteria to Pierce Shield Law in Criminal Cases
- Information must be relevant, material, and essential for the defense.
- Journalists cannot invoke shield protection if they are witnesses in the case.
Traditional Media Coverage
- Shield law protections extend to reporters, editors, and photojournalists associated with newspapers and professional websites, including part-time staff.
Non-Traditional Media Considerations
- In the case Too Much Media v. Hale (2011), the court outlined that non-traditional media claimants must:
- Demonstrate a connection to news media.
- Show intent to gather or disseminate news.
- Prove materials were obtained in regular news gathering activities.
Exclusions from Shield Law Coverage
- Individuals posting on internet message boards or operating PR firms are not protected under shield laws.
- PR firms act as spokespersons rather than journalists, thus lacking media status.
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Description
Explore the intricacies of shield laws that protect journalists from disclosing sources. This quiz covers the overall framework of these laws across states, analyzes criticisms related to government overreach, and provides specifics on New Jersey's strong protections. Test your knowledge on how shield laws affect civil and criminal proceedings for journalists.
