How does the first amendment protect journalists

Although reporter’s privilege is not absolute — and the extent of its protections under the First Amendment remain somewhat murky after the 1972 Branzburg v. Hayes Supreme Court decision — many states have their own constitutional statutes for protecting reporters’ sources and confidential information obtained in the course of their standard reporting duties.

Shield Laws

The concept of a shield law is related to reporter’s privilege because these are legal mechanisms that “shield” reporters against the threat of forcibly publishing or revealing their sources’ identities and other confidential matters. As of 2019, there remains no federal-level shield law protecting journalists, although 49 states and the District of Columbia have enacted their own versions of shield laws to ensure the free flow of information without legally compromising journalists who are simply doing their jobs.

In cases where shield laws did not apply or were not sufficient enough to protect the journalists, some reporters have invoked the 5th Amendment as a means for protecting their sources.

When Are Sources Not Protected?

Reporters’ sources may not be protected in instances where the shield laws are not clearly applicable, such as the recent case of an online journalist in Nevada, who a judge said must reveal his source because he was not previously a member of the Nevada Press Association (note: the Nevada state shield law does not explicitly specify that it only applies to NPA members).

In other cases, a journalist may feel ethically obligated to reveal her source or confidential information. It’s never an easy decision for reporters to withhold information about their interview subjects and other stakeholders involved in news stories, since transparency is another goal of every journalist. But this “privilege” is integral to ensuring a free press in the United States so perhaps it’s time for the federal government to enact its own shield law in line with the First Amendment’s guarantee to a free and independent press.

Journalism and the Meaning of the First Amendment

Freedom of The Press

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Updated on August 05, 2019

The First Amendment to the U.S. Constitution guarantees the freedom of the press in the United States. The First Amendment is actually three separate clauses that guarantee not only press freedom, but freedom of religion, the right to assemble, and to "petition the government for a redress of grievances." For journalists it's the clause about the press that is most important.

"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."

Press Freedom in Practice

The U.S. Constitution guarantees a free press, which can be extrapolated to include all news media—TV, radio, the web, etc. What do we mean by a free press? What rights does the First Amendment actually guarantee? Primarily, press freedom means the news media are not subject to censorship by the government.

In other words, the government does not have the right to try to control or block certain things from being published by the press. Another term often used in this context is prior restraint, which means an attempt by the government to prevent the expression of ideas before they are published. Under the First Amendment, prior restraint is clearly unconstitutional.

Press Freedom Around the World

Here in America, we're privileged to have what is probably the freest press in the world, as guaranteed by the First Amendment to the U.S. Constitution. Most of the rest of the world isn't so lucky. Indeed, if you close your eyes, spin a globe and plop your finger down onto a random spot, chances are that if you don't land in the ocean, you'll be pointing to a country with press restrictions of some kind. 

China, the world's most populous country, maintains an iron grip on its news media. Russia, the largest country geographically, does much the same. Around the globe, there are entire regions—the Middle East is but one example—in which press freedom is severely curtailed or virtually non-existent. In fact, it's easier—and quicker—to compile a list of regions where the press truly is free.

Such a list would include the U.S., Canada, Western Europe, Scandinavia, Australia, New Zealand, Japan, Taiwan and a handful of countries in South America. In the U.S. and many industrialized nations, the press enjoys a great deal of freedom to report critically and objectively on the important issues of the day. In much of the world, press freedom is either limited or virtually nonexistent. Freedom House offers maps and charts to show where the press is free, where it's not, and where press freedoms are limited.