Also known as: reporters privilege · reporter privilege · reporters' privilege · journalist's privilege · press privilege
Written by attorneys — see sources below.
2 senses
An asserted First Amendment protection that would allow journalists to withhold confidential sources or refuse to testify before grand juries. The Supreme Court has held that no such privilege exists and that reporters must respond to good-faith grand jury subpoenas on the same terms as other citizens.
An asserted First Amendment protection that would allow journalists to withhold confidential sources or refuse to testify before grand juries. The Supreme Court has held that no such privilege exists and that reporters must respond to good-faith grand jury subpoenas on the same terms as other citizens.
A common-law defense that shields a publisher from defamation liability for a fair and accurate report of an official record or proceeding even if the underlying charge is false.
1 common questions
It is the common-law fair-report privilege that protects a publisher from liability for a fair and accurate report of an official record or proceeding even when the underlying statement is false.
A common-law defense that shields a publisher from defamation liability for a fair and accurate report of an official record or proceeding even if the underlying charge is false.
Each sense below has its own examples, sources, and questions.
Ralph Richardson published an article exposing bid rigging based on a confidential source inside a state agency. A federal grand jury investigating the scheme subpoenaed Richardson to identify the source. He moved to quash, claiming a First Amendment reporter's privilege. The court denied the motion because the First Amendment creates no such privilege against good-faith grand jury testimony.
Rhea Reynolds received internal memos from an anonymous engineer at a defense contractor and published an exposé on safety violations. A grand jury investigating related fraud subpoenaed Reynolds for the engineer's identity. She asserted a constitutional reporter's privilege and moved to quash. The court denied the motion, holding that the First Amendment does not exempt journalists from the duty to testify before a grand jury acting in good faith.
2 common questions
No. The Supreme Court has held that the First Amendment does not grant journalists a privilege to refuse to testify before grand juries or to withhold confidential sources in good-faith criminal investigations.
Supporting sources
No. Lower courts may not create a First Amendment reporter's privilege inconsistent with the Supreme Court's holding that no such constitutional privilege exists in the grand jury context.
Supporting sources
…newspaper, were subpoenaed and given Fifth Amendment immunity against criminal prosecution, and they claimed a First Amendment journalist's privilege. The District Court entered a protective order, allowing them to refuse to divulge confidential information until the Government demonstrated "a compelling and overriding national interest…