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"SPECIAL REPORT
Shields and Subpoenas:
The reporter's privilege in federal courts
As reporters continue to face contempt charges in federal court cases around the country, Congress is taking a serious look at a reporter's shield law.
Updated: 4 /22/2009
These are critical times for the reporter's privilege. Several courts have found that no privilege protects journalists before grand juries, which has resulted in the jailing of The New York Times ' Judith Miller and freelance blogger Josh Wolf, and a contempt finding against former USA Today reporter Toni Locy. Pulitzer Prize winning reporter, David Ashenfelter, of the Detroit Free Press , was the latest to face possible contempt charges for protecting his sources.
Two San Francisco Chronicle reporters were found in contempt of court in connection with their reporting on steroids in professional sports, and a Rhode Island journalist sat under home confinement for criminal contempt of court for not revealing a source. Many more journalists face sanctions for refusing to obey court orders to reveal their sources or materials, and more will follow. A federal shield bill has gone further than any previous attempts. A proposal was overwhelmingly passed through the House of Representatives and the Senate Judiciary Committee during the 110th Congress and it has been reintroduced this session.
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Number of federal subpoenas
Update on federal shield law efforts
The Privacy Act and Confidential Sources
Convertino lawsuit subpoena (David Ashenfelter)
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