Shielded by Shield Law

By: Jessica Nahmias

(C) 1973 Associated Press
Pulitzer Prize winning journalists Bob Woodward and Carl Bernstein at The Washington Post, May 1973

Even before Watergate and “Deepthroat”, journalists and the privacy of their sources have been a highly contested issue in courts of law.
And while New York State does have Shield Law, 14 states do not, including Texas.

A recent Houston Chronicle article reports that a bill was approved by a House committee in Texas, which was a compromise between media groups and district attorneys who have argued over shield law. The House committee voted 11-0 on a committee substitute version of the bill, which would allow journalists and their sources to retain “privilege against having to testify in court.” As part of the compromise district attorneys or trial lawyers would have access to already published material, however.

The Chronicle reports that the history of this particular battle harkens back to Texas prosecutors who argue that gathering evidence is more important than a journalist’s privilege to private sources. However the compromised version of the bill, which is supported by various Texas news organizations and would give journalists protection from revealing confidential sources, was passed after a 12-hour meeting, temporarily appeasing the parties involved, the Chronicle article said.

- Should all states have shield laws? Why or why not?
- As journalists, what do you feel is more important, protecting sources or cooperating with authorities?