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The Press, National Security, And Civil Discourse: How A Federal Shield Law Could Reaffirm Media Credibility In An Era Of “Fake News”, Jenna Johnson
The Press, National Security, And Civil Discourse: How A Federal Shield Law Could Reaffirm Media Credibility In An Era Of “Fake News”, Jenna Johnson
Texas A&M Law Review
The Constitution expressly provides protection for the freedom of the press. Yet there is one area in which the press is not so free: the freedom to refuse disclosing confidential sources when subpoenaed by the federal government. Currently, there is no federal reporter’s privilege. The Supreme Court has held the First Amendment provides no such protection, and repeated congressional attempts to codify a reporter’s privilege in a federal shield law have failed.
Arguments against a shield law include national security concerns and the struggle to precisely define “journalist.” Such concerns were evident in the most recently proposed shield law, the …