Branzburg v. Hayes - Pro And Con: Naming Media Sources

The issue of journalists' and other media personnels' privilege in not naming sources of information has been tested in cases at the state level and in the U.S. Supreme Court.

The High Court asserted that journalists must appear and testify in response to subpoenas issued by grand juries. In cases of criminal matters, journalists have no greater privilege to withhold critical evidence than any other citizen. If they refuse to cooperate, sanctions or charges of contempt may be imposed. The "public interest" to deal with criminal matters takes priority over privileges protecting journalists' sources.

Journalists have protection against being forced to reveal sources of information under Shield Laws in some states. The media has also used the First Amendment's right to free press in support of withholding identities of sources. Congress also passed a law called the Federal Rule of Evidence 501, that qualifies the circumstances under which a reporter may avoid naming sources.