Alabama Shield Law: Applicability In Criminal Cases?

does alabama shield law apply to criminal case

Alabama's shield law, or the Alabama Code Section 12-21-142, provides an absolute privilege to reporters, protecting them from being compelled to disclose their sources in any trial or before any court. This law applies to persons engaged in, connected with, or employed by newspapers, radio stations, or television stations while gathering news. The law requires that the material sought to be protected must be either published or broadcast before the protection comes into effect.

Alabama also recognizes a qualified reporter's privilege under the First Amendment to the United States Constitution, which has been interpreted broadly by the state's courts. This means that Alabama offers strong protection for reporters' sources and information in criminal cases, with some exceptions and limitations.

Characteristics Values
Type of privilege Absolute
Who is protected? Persons "engaged in, connected with or employed on" any newspaper, radio or television station
What is protected? Sources and information
When does the protection come into effect? When the material sought to be shielded has been published or broadcast
Does the source need to be confidential? No
Does the reporter need to have promised confidentiality to the source? No

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Alabama's shield law offers absolute reporter privilege

Alabama's shield law, codified at Ala. Code § 12-21-142, offers an absolute privilege to reporters, protecting them from being compelled to disclose their sources of information. This law applies to persons engaged in newsgathering activities for newspapers, radio stations, or television stations. The information obtained must have been published, broadcast, or televised for the protection to come into effect.

The Alabama shield law is an example of a state shield law, which aims to protect reporters' privilege by preventing them from being forced to testify about their sources or information obtained during the newsgathering process. While the U.S. federal government has not enacted any national shield laws, 49 states and the District of Columbia offer some form of protection for reporters.

The Alabama shield law specifically states that:

> No person engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity, shall be compelled to disclose in any legal proceeding or trial, before any court or before a grand jury of any court, before the presiding officer of any tribunal or his agent or agents or before any committee of the legislature or elsewhere the sources of any information procured or obtained by him and published in the newspaper, broadcast by any broadcasting station, or televised by any television station on which he is engaged, connected with or employed.

This absolute privilege means that reporters cannot be forced to reveal their sources, even in legal proceedings. However, it is important to note that Alabama's shield law only applies to traditional media outlets and may not protect journalists who work for online news platforms. Additionally, the law does not specify whether the information itself is also confidential or if a promise of confidentiality to the source is required for the law to apply.

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The law requires that the material sought to be shielded must be either published or broadcast before the protection comes into effect

Alabama's shield law, as per Ala. Code § 12-21-142, protects persons "engaged in, connected with or employed on" any newspaper, radio or television station from revealing their sources while engaged in newsgathering activities. The law requires that the material sought to be shielded must be either published or broadcast before the protection comes into effect. This means that reporters must have disseminated the information to the public before they can claim the protection of the shield law.

The Alabama shield law provides an absolute privilege to persons engaged in newsgathering activities, meaning they cannot be compelled to disclose their sources. This privilege is broader than the qualified privilege provided by the First Amendment to the U.S. Constitution, which can be overridden if certain conditions are met.

The Alabama shield law specifically states that the privilege applies to "sources of any information procured or obtained by [the reporter] and published in the newspaper, broadcast by any broadcasting station, or televised by any television station." This means that the law only protects information that has been published or broadcast by the news media outlet. It does not protect unpublished information or notes, which may be subject to subpoena in certain circumstances.

The law does not specify whether the information gathered by the reporter must be confidential for the shield law to apply. It also does not specify whether the reporter must have promised confidentiality to their source. However, Alabama courts have interpreted the statute broadly, and it would likely include student journalists and other non-traditional media outlets in its protection.

In summary, the Alabama shield law provides strong protection for reporters by requiring that the information sought to be shielded must be published or broadcast before the protection comes into effect. This helps ensure that reporters can protect their sources and maintain the free flow of information to the public.

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The law does not specify whether the information is also confidential

Alabama's shield law, which protects persons engaged in newsgathering activities from revealing their sources, does not specify whether the information gathered by the reporter is also confidential. The law requires that the material sought to be shielded must be either published or broadcast before the protection comes into effect. However, it does not specify whether the information itself is confidential or whether the reporter must have promised confidentiality to their source for the law to apply.

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Alabama courts have also recognised a qualified reporter's privilege under the First Amendment

Alabama's shield law, as per Alabama Code § 12-21-142, provides an absolute privilege to reporters, exempting them from disclosing sources in any trial or before any court. The law applies to persons "engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity".

The recognition of a qualified privilege under the First Amendment is based on the understanding that the free flow of information and the public's right to know are fundamental principles in a democratic society. By protecting reporters from being forced to reveal their sources, the qualified privilege encourages the free flow of information and promotes government transparency and accountability.

In the context of Alabama, the recognition of a qualified privilege under the First Amendment means that while reporters have the right to protect their sources, this right is not absolute and can be overridden in certain circumstances. For example, if a reporter's information is highly relevant to a criminal case and there is a compelling need for disclosure that outweighs the First Amendment privilege, a court may order the reporter to reveal their sources.

It is important to note that the case law addressing the qualified privilege under the First Amendment in Alabama is limited. However, Alabama courts have demonstrated a willingness to uphold the privilege, indicating that they recognise the importance of protecting reporters' sources.

In summary, Alabama's shield law provides an absolute privilege to reporters, while the First Amendment provides a qualified privilege that can be overridden in certain circumstances. The recognition of these privileges reflects the importance of protecting the free flow of information and the rights of reporters in the state of Alabama.

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The shield law privilege may be waived by a reporter

Alabama's shield law protects persons "engaged in, connected with or employed on" any newspaper, radio or television station from revealing their sources while engaged in newsgathering activities. The privilege may be waived by a reporter if they previously released the information or the identity of the source, such that it is no longer confidential. In some cases, disclosing a portion of the confidential information may waive the privilege regarding the remainder. The privilege may also be waived if the reporter and the source did not establish that their relationship or the information gained from it would be confidential.

Alabama's shield law, originally enacted in 1935, provides an absolute privilege to persons engaged in newsgathering on behalf of a newspaper, radio station, or television station. The law prohibits these persons from being compelled to disclose "sources" of information provided that the information was obtained by the reporter and published in a newspaper, broadcast on a radio station, or televised by a television station.

The scope of the reporter's privilege in Alabama has been interpreted broadly. For example, in the case of Brothers v. Brothers, the court applied Alabama's shield statute to quash a subpoena that sought all of a reporter's documents, notes, and materials relating to an interview she had conducted that was broadcast on television.

In addition to the shield law, Alabama courts have also recognized a qualified reporter's privilege under the First Amendment to the United States Constitution. This privilege is not absolute and can be overridden if certain conditions are met.

Frequently asked questions

Yes, Alabama's shield law protects journalists from revealing their sources in criminal cases. The law provides an absolute privilege to journalists working for newspapers, radio stations, or television stations.

A shield law is legislation designed to protect reporters' privilege, specifically their right to refuse to testify about information and/or sources obtained during the news-gathering process.

No, Wyoming does not have a shield law or any judicial precedent to protect reporters' privilege.

State shield laws differ in whether they offer an absolute or qualified privilege to reporters. They also vary in the specific groups of people they protect and the types of information they cover.

Yes, a shield law privilege can be waived by a reporter. For example, in the case of In re Michael G. Venezia, the New Jersey Supreme Court found that a reporter waived the privilege by talking about their sources and information outside of the newsgathering process.

While there are no court cases of the Alabama statute being applied to student journalists, the broad language of the statute suggests that it would include them.

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