Can prosecutors compel New York Times journalists to testify in leak probe?
NYT•What the law says
Journalists have limited legal protections against federal subpoenas.
The Supreme Court has held the First Amendment of the U.S. Constitution, which guarantees press freedoms, does not allow reporters to refuse subpoenas unless they are issued in bad faith or to harass them.
Federal courts have since recognized a qualified privilege weighing whether the information is essential, obtainable elsewhere and whether other factors outweigh press freedom. That protection is strongest in civil cases and weakest in criminal grand jury investigations.
Many states, including New York, have shield laws protecting journalists' sources. No federal equivalent exists, and state shield laws do not apply to federal subpoenas.
