The De Facto Reporter's Privilege

While the overwhelming majority of states have established constitutional, statutory, or common-law protections for reporters who shield the identity of a confidential source, there is no uniform, crosscutting federal reporter's privilege. As a consequence, reporters subpoenaed in federal cases often lack effective formal protections. This can have a chilling effect on news­ gathering: sources - and reporters -may find little comfort in knowing that a source's anonymity is preserved only at a judge's or prosecutor's discretion or by a reporter's willingness to go to jail.