The Justice Department reportedly is considering whether to compel the testimony of a New York Times reporter about the source for a book he published in 2006 that details a failed CIA operation in Iran.
In June the Supreme Court declined to review a challenge by the reporter, James Risen, who is seeking to protect the identity of his source. The Obama administration, which has prosecuted leaks aggressively, now has to decide whether to subpoena Risen’s testimony and risk ordering Risen to jail if he, as expected, refuses to comply.
The Justice Department generally tries to protect the news media by seeking to obtain information from sources other than journalists. Federal law does not protect reporters from having to divulge confidential sources.
About 36 states have enacted shield laws, according to the Reporters Committee for Freedom of the Press. About half the states that have enacted such laws provide absolute protection. Others shield journalists subject to varied exceptions.
For example, New York protects professional journalists from having to identify their sources for information that is obtained in confidence and later published or broadcast. The privilege also applies to editors, employers and others who supervise the reporter’s work.