The Journalist's Privilege for Nonconfidential Information in States Without Shield Laws

Figures compiled by the Reporters Committee for Freedom of the Press show that most subpoenas to the news media seek nonconfidential information, opening the door for subpoenas and other legal actions that could seriously infringe First Amendment rights to a free flow of information and an independent press. While courts in most of the nineteen states without shield laws protect confidential sources, however, courts in only two states extend the privilege to nonconfidential information in both civil and criminal proceedings. Protection for nonconfidential information may require the passage of a shield law in Texas, where the courts are especially hostile to privileges for reporters. However, in other states a strong argument based on protecting press autonomy may help the press prevail.