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Defining Freedom > Freedom of Press > Answer to Question 3 Yes. In criminal cases, the federal government can make reporters name their sources. Many states, however, have shield laws protecting confidential sources. Branzburg v. Hayes (1972) The Supreme Court ruled 5-4 in Branzburg v. Hayes that freedom of press doesn’t include a constitutional privilege that protects reporters from naming their sources in court. The concurring opinion by Justice Potter Stewart in this case became the basis for shield laws in many states. Shield laws protect journalists from naming their sources in court. Forty-nine states have shield laws, some of which is based on Justice Potter Stewart’s concurring opinion in Branzburg v. Hayes (1972). Stewart identified three criteria the government should show before compelling a journalist to testify: • Probable cause that the information is relevant to the specific alleged legal violation • The information cannot be obtained through another means that causes less intrusion into First Amendment rights • Demonstrate “a compelling and overriding interest in the information” A federal shield law has been proposed several times but has never been passed by Congress. Defining who a journalist is in the Internet age and who should be protected by a shield law, has been debated repeatedly in discussions for a federal law. Back to Freedom of Press Questions