MBE Rules · Evidence
Reporter's Shield
Reporter's shield (state law)
The rule
Many states shield journalists from compelled disclosure of sources; there is no First Amendment reporter's privilege before a grand jury (Branzburg), and shields yield to a criminal defendant's fair-trial rights in some states.
In plain English
The Reporter's Shield protects journalists from being forced to reveal their sources in many states, promoting the free flow of information. However, this protection is not absolute; journalists can be compelled to disclose sources in grand jury proceedings and when a defendant's right to a fair trial is at stake.
Worked example
A journalist is subpoenaed to testify before a grand jury about the identity of a confidential source who provided information on a crime. The journalist argues that the Reporter's Shield protects them from disclosing the source, but the court rules that the grand jury's need for information in a criminal investigation outweighs the shield, and the journalist must testify.
Memory hook
Journalists can shield their sources, but not from grand juries or fair trial rights.
The trap
Exams may present scenarios where students must decide whether the shield applies, often including grand jury situations that can mislead them into thinking the shield is absolute.
How examiners test it
Questions often involve a journalist facing a subpoena, testing the limits of the Reporter's Shield in the context of criminal proceedings or fair trial rights.
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