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Philadelphia Newspapers Inc. v. Hepps

Shield Laws



Shield laws protect journalists from revealing sources of their information. The intent is to extend this privilege to journalists as a means of supporting a vital press in the United States. The first state enacting such a law was Maryland, in 1898. Half of the states had adopted similar laws by 1973. In 1975, Congress passed the Federal Rule of Evidence 501, which qualifies the privilege granted to journalists under state laws.



Shield laws can create controversies at times. Seeking to protect his or her sources, an issue may arise if a journalist is subpoenaed by a grand jury seeking testimony. The First Amendment rights guarantee free press, and shield laws may afford additional protection not to reveal sources. Conflicts occur between a journalist's right not to reveal sources and the government's right to information that relates to criminal activity. The U.S. Supreme Court has ruled that reporters must answer questions put forth by a grand jury. The First Amendment provides journalists no right to exception from testifying. In cases like this, "public interest" has priority.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Philadelphia Newspapers Inc. v. Hepps - Significance, Freedom To Defame, Chilling Effect, Private Citizens And Public Figures, Impact, Shield Laws