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In July 2013 the White House was pushing for a federal media shield law named the Free Flow of Information Act [13] authored by U.S. Senators Charles Schumer and Lindsey Graham. Under the bill, the scope of protection for reporters would vary according to whether it was a civil case, an ordinary criminal case or a national security case.
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
In July 2013 the White House was pushing for a federal media shield law, the Free Flow of Information Act, [7] authored by U.S. Senators Charles Schumer and Lindsey Graham. Under the bill, the scope of protection for reporters would vary according to whether it was a civil case, an ordinary criminal case or a national security case.
The California Shield Law provides statutory and constitutional protections to journalists seeking to maintain the confidentiality of an unnamed source or unpublished information obtained during newsgathering. The shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1]
Although it had been uncertain whether people who blog or use other social media are journalists entitled to protection by media shield laws, [18] they are protected by the Free Speech and Free Press Clauses (neither of which differentiates between media businesses and nonprofessional speakers).
Shield laws in the United States; In the film Nothing But the Truth, Branzburg v. Hayes case is quoted and discussed. In the television series The Newsroom, the case is cited and discussed in relation to the Federal government's subpoena to news anchor Will McAvoy to reveal a source. ("Contempt", Season 3)
The digital environment poses challenges to traditional legal protections for journalists' sources. While protective laws and/or a reporter's commitment shielded the identity of sources in the analogue past, in the age of digital reporting, mass surveillance, mandatory data retention, and disclosure by third party intermediaries, this traditional shield can be penetrated.
Apple v. Does (O'Grady v.Superior Court) was a high-profile legal proceeding in United States of America notable for bringing into question the breadth of the shield law protecting journalists from being forced to reveal their sources, and whether that law applied to online news journalists writing about corporate trade secrets.