Special Protections for Investigative Journalists
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Location
Villanova University Charles Widger School of Law
Event Website
https://www.villanovalawreview.com/
Publication Date
2025
Start Date
21-2-2025 10:45 AM
End Date
21-2-2025 12:00 PM
Description
In most instances, reporters can and do use traditional methods to gather the information needed to inform the public. But sometimes, traditional methods don’t work because the individuals or entities being investigated control the necessary information and are in a position to hide material that may be of significant public interest, especially in cases where public health and safety are at risk. Should investigative reporters who commit minor torts or even minor crimes be shielded from liability if they are pursuing an important story? Should the press be able to refuse to testify to protect sources? Or, as the Supreme Court has said more than once, does the Constitution offer no singular protections allowing the press to cross the lines of right and wrong with impunity? The Court has made clear the Constitution provides “[t]he publisher of a newspaper…no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.” If the Constitution provides no special protections for the press, should states statutorily provide protections? Or should the press be held to the same boundaries of right and wrong as every other citizen.
Special Protections for Investigative Journalists
Villanova University Charles Widger School of Law
In most instances, reporters can and do use traditional methods to gather the information needed to inform the public. But sometimes, traditional methods don’t work because the individuals or entities being investigated control the necessary information and are in a position to hide material that may be of significant public interest, especially in cases where public health and safety are at risk. Should investigative reporters who commit minor torts or even minor crimes be shielded from liability if they are pursuing an important story? Should the press be able to refuse to testify to protect sources? Or, as the Supreme Court has said more than once, does the Constitution offer no singular protections allowing the press to cross the lines of right and wrong with impunity? The Court has made clear the Constitution provides “[t]he publisher of a newspaper…no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.” If the Constitution provides no special protections for the press, should states statutorily provide protections? Or should the press be held to the same boundaries of right and wrong as every other citizen.
https://digitalcommons.law.villanova.edu/shachoy_symposium/2025/proceedings/4
Comments
Moderated by Michael Beebe CWSL '25, Managing Editor of Symposium, Villanova Law Review