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Press Freedom Initiative

Defending the Reporter's Privilege

FAC provides legal support to journalists targeted with subpoenas or government searches seeking confidential news sources and other newsgathering materials.

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Threats to a Free Press

Subpoenas can pose a direct threat to journalistic freedom. When someone enlists the power of the courts to compel journalists to testify or turn over unpublished materials, they undermine the ability of the press to operate independently of the government. The majority of states have enacted and most federal circuits have recognized a journalist’s right to refuse to disclose such materials. To learn more about the relevant state and federal legal protections, you can explore the Reporters Committee for Freedom of the Press’s Reporter’s Privilege Compendium, which has legal analysis of all 50 states and federal circuits.

Who We Serve

Our focus is in California, but we can make referrals for those we cannot assist. Independent or freelance journalists and those who work for small or nonprofit news organizations are often the most in need of pro bono legal counsel when faced with a subpoena or government search. FAC responds rapidly to requests for help by either representing the journalist or making a referral to legal counsel.

Legal Training

FAC provides free legal seminars for lawyers interested in defending journalists. The goal of the program is to equip interested attorneys with specific knowledge of the procedural and substantive challenges of defending subpoenaed journalists, as well as build a roster of qualified attorneys FAC can call on when the need arises. Contact us to set up a training.

“Within hours of being released from police custody as officers illegally tried to get me to reveal a news source, David Snyder of the First Amendment Coalition rushed to my defense. He provided invaluable support following the traumatic invasion of privacy on my home and business.”

Bryan Carmody, Independent Journalist

“When an investigator showed up at my door with a subpoena in a criminal case, and told me I would have to testify to impeach a witness, I had no idea what to do. My news organization is tiny, and we had never dealt with this before. Thankfully, the First Amendment Coalition was there. FAC responded quickly to my request for assistance, and provided helpful context and advice about how to proceed. FAC acted fast to link me up with pro bono attorneys to fight the subpoena, and ultimately I did not have to testify…Knowing FAC was on my side made a scary situation much less stressful.”

Emilie Raguso, Berkeleyside

    Presented by FAC and the Freedom of Information Committee of SPJ NorCal on June 2, 2020.

    LEARN

    Shield Law Workshop

    This workshop provides an overview of California and federal laws that help reporters protect their confidential sources and unpublished newsgathering materials. The session includes presentations by Aaron Field, media lawyer, Cannata O’Toole Fickes & Olson, and Victoria Baranetsky, general counsel, the Center for Investigative Reporting, along with an interview with Ryan Mac, a senior technology reporter at BuzzFeed who was targeted by multiple subpoenas related to his work in 2019.