#5 - Reporter's Privilege

 Reporter's Privilege 


According to The First Amendment Encyclopedia, "The idea behind reporter's privilege is that journalists have a limited First Amendment right not to be forced to reveal information or confidential news sources in court." In other words, journalists have the right to protect their confidential sources, those who did not want their name mentioned in the journalist's work. 

Reporter's privilege is different depending on the state. For example, Wyoming has no shield law, while Texas recognizes the privilege but allows exceptions. Under Arkansas law, reporter's privilege is a right found under Article 2, section 6 of the Arkansas Constitution, along with the United States Constitution. Article 2, section 6 of the Arkansas Constitution says: 
"The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions, is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted"

Many may find reporter's privilege unfair in law or court. For years, people have been protected in confidential situations. For example, a patient with their doctor or a client with their lawyer. This confidential relationship has not yet been developed thoroughly in journalism. Journalists are always asked to reveal confidential sources in court cases and to the government. It is argued that journalists should reveal these sources for a fair trial. Oftentimes, it is argued that subpoenas and suites do not fall under the reporter's first amendment right. Journalists will state that they are not "above the law" regarding reporter's privilege; instead, they are keeping their reputation as general observers of the public. 

Shield laws usually come with specific limits. For example, who does reporter's privilege cover? Not everyone is considered a "journalist." This means that freelance writers, authors, and other non-traditional journalists are not viewed the same as working for newspapers full-time. Although this is true, courts have shown more willingness to apply the privilege to online journalists. 

Protecting online journalists is essential because online research always leaves a trace. This may cause confidentiality to become difficult. According to Pew Research Center, 64% of investigative journalists believe that the government has traced their phone calls, search history, and online communications. This fact alone shows how vital reporter's privilege is. Without it, reporters are unable to protect their sources or their reputations. 

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