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Explain the concept of news gatherer’s privileges by examining the importance of shield law,
using important case law
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Table of Contents
Introduction..................................................................................................................................... 3
Thesis Statement ......................................................................................................................... 3
Body Paragraph 1............................................................................................................................ 3
Body Paragraph 2............................................................................................................................ 4
Body Paragraph 3............................................................................................................................ 5
Conclusion ...................................................................................................................................... 6
Bibliography.................................................................................................................................... 7
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Introduction
A shield law can be considered as one of the important legal regulations developed by the
legal agencies and governments of the several countries. Shield law can be considered as a legal
or legislative framework that is designed and developed in order to protect the privilege of the
reporters, news gatherers and journalists. This assignment will discuss the historical analysis of
the origination of the law focusing on the problems from the past to present. On the other hand,
the second body paragraph will also help the readers to understand the rules of this shield law.
Last but not the least; an important case example will be provided in the third paragraph in order
to understand the important of this shield law. However this particular assignment will
thoroughly focus on the developed following thesis statement that will reflect in the arguments in
the three body paragraphs.
Thesis Statement
“The Shield Law can be referred as one of the effective legal regulations that helped
reporters to collect news with freedom and autonomy and reporters can protect their basic
professional as well as personal rights through this law.”
Body Paragraph 1
The debate and concept of the protection of the fundamental rights of the reporters was
developed in the United States of America in the year 1972 as it was a need of the reporters to
protect their individual as well as professional rights. It is true that earlier the judiciaries, legal
agencies, and federal government had the authority to use the reporters according to their needs
and demands in order to ensure effective and significant investigation and interrogation.
However, it is highly important to mention that the journalists and reporters play an important
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role in the police and legal inquiry process.1 Moreover, it is also important to mention that
different organizations also use reporters to enhance competitive edges. However, in terms of
legal sustainability, the legal agencies and the federal government need to focus on the
sustainability and protection of the rights of the reporters. Reporters generally go through several
serious and critical stages in order to collect the important news from sources that can help the
agencies to bring resolution to particular cases. It is also important to mention that federal
government and other legal agencies need to motivate reporters to collect important news. It is
vital to determine that if the reporters deny giving the information and do not bother about
collecting information from sources, the several investigation agencies as well as the federal
government will face difficulty in gathering the required information for the sources.
Considering these aspects, Supreme Court has passed a law regarding introduction of shield law
to protect certain professional as well as individual rights of the reporters.
Body Paragraph 2
It is highly essential to determine that the legal regulations and approaches regarding the
shield law used to vary from a particular state to another state. It is also essential to discuss that
different state shield laws have different types of orientation and approaches. It is true that, as of
1016, there are 49 states that have adopted and implemented the shield law2. Most importantly it
can be stated that different state governments and legal councils have adopted and implicated
1 Grace Cook, Shield Laws (New York: Springer, 2013), 14..
2 Terry Anderson, Legal Orientation (New Jersey: Pearson, 2016), 28.
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different approaches in the establishment of shield law. Apart from the 49 states, the District of
Columbia also focuses on the adoption and establishment of the differentiated shield law. It is
also important to mention that reporters in different areas have to follow certain policies
regarding collection of news, such as the reporters should not forget about the violation of social
as well as environmental sustainability while collecting the news and information. This particular
shield law approach has been established in the New York State within the United States of
America. In an addition, it is also important t to mention that only the courts and judicial
precedent are responsible for the assessment and evaluation of the legal consideration in the
activities of reporters. At the end of the day, it is highly important to mention that despite the
differences the courts and agencies within the country need to follow similar approaches for the
journalists to maintain legal sustainability.
Body Paragraph 3
The example of the Supreme Court case, i.e. Hayes vs. Branzburg can be mentioned here
in order to make the readers understand the application process and importance of the shield law.
The case was brought in the Supreme Court of the United States of America in the year 1972.
Paul Branzburg was a reporter in the journal publishing department. He faced legal problems
regarding his written article in which he wrote different aspects of the drug hashish. However,
the reporter came in touch with local drug dealers regarding writing the article. However, it is
also important to mention that local jury read the written article and asked about the sources, but
the reporter did not tell their names as he promised them that he will not disclose their name. In
this case, the press and the reporter appealed for the professional, writing, as well as individual
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rights of the reporters3. However, the Supreme Court made the decision and gave the judgement
in favour of Paul Branzburg. It is highly important to mention that this particular case influenced
the legal agencies, government, and Supreme Court to propose and introduce shield law.
Conclusion
It is clear from the above discussion and case example that reporters’ professional as well
as individual rights of information need to be protected by federal government, legal agencies,
and Supreme Court. The reporters play an important role in maintaining social and communal
sustainability. It is recommended that the federal government should make sure that police
department and other legal agencies should try to protect the rights of reporters through the legal
implications, otherwise it is transparent that each and every individual can face legal challenges
in case of the violation of the shield laws.
3 Luis Moody, Media Credibility (Stamford: Cengage Learning, 2014), 83.
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Bibliography
Anderson, Terry. Legal Orientation. New Jersey: Pearson, 2016.
Cook, Grace. Shield Laws. New York: Springer, 2013.
Moody, Luis. Media Credibility. Stamford: Cengage Learning, 2014.
