Wisconsin remains one of 14 states lacking a so-called shield law to protect journalists from being forced to reveal confidential sources and materials.
Wisconsin Lawyer
Vol. 82, No. 9, September 2009
Wisconsin remains one of 14 states lacking a so-called shield law to protect journalists from being forced to reveal confidential sources and materials.
“Wisconsin has a qualified reporter’s privilege that is entirely case-law driven. There’s nothing statutory,” explains James A. Friedman, chair of the State Bar’s Media-Law Relations Committee.
That could change in the near future. Rep. Joe Parisi (D-Madison) and Sen. Pat Kreitlow (D-Chippewa Falls), a former television and radio reporter, introduced the Whistleblower Protection Act in the Legislature in June 2009. Proponents contend that whistleblowers who become aware of public or private malfeasance won’t come forward if they fear their identities could become public.
With the current qualified privilege, reporters face some risk of being subpoenaed to reveal confidential sources. The proposed legislation would strengthen legal protections for both reporters and their sources. Says Friedman, “If a reporter promised confidentiality to a source, the court couldn’t get that information, period.”
Wisconsin Lawyer
