Does a Journalist Have the Right to Withhold Information, Even in a Criminal Case?

From the Classroom 
By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

NEWS SHIELD PRIVILEGE AND CRIMINAL INVESTIGATIONS     

This is the fifth in a series of articles covering witness privileges in the California Evidence Code and criminal investigations.  

In 1787, the protection for newspeople and journalists was envisioned when the U.S. Constitution was drafted. Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens.  

Freedom of the press, among other important American rights, was guaranteed under the First Amendment with these powerful words: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” 

The right to publish and disseminate information, thoughts, and opinions without government restraint or censorship is considered a cornerstone of our government by, for, and of the people.  

Among the primary reasons why freedom of the press is important are: 

• A free press fights for the truth. Freedom of the press matters because a free press uncovers the truth. 

• A free press holds power accountable (governmental, legal threats, harassment, and physical violence.)  

• A free press informs voters and strengthens democracy.  

News Sheild Privilege 

Journalists and news organizations are granted legal protections to carry out these responsibilities. In 1935, the California legislature first enacted a news “shield” privilege. This gives news reporters and journalists the testimonial privilege to refuse to disclose their source of their information and any unpublished information gathered in the course of reporting (1070 E.C.). 

The privilege includes persons employed by a newspaper, magazine, or other periodical publication, radio and television reporters, and other persons directly connected with print or electronic news reporting. The privilege includes notes, photos, ....

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