MARYLAND -- Maryland Gov. Martin O'Malley signed a bill
updating the state's shield law April 13, extending reporter's
privilege to student journalists working in the state.
House Bill 257 offers college student journalists participating in news
gathering or disseminating in a college-supervised capacity the same shield law
protections afforded to professional journalists in Maryland, the bill's
sponsor, Delegate Sandy Rosenberg, D-Baltimore City, said last month.
The bill passed unanimously through both the Maryland House of Delegates
on March 4, and the Maryland Senate on April 1.
Shield laws typically allow reporters to protect their confidential
sources entirely, and protect any notes or unpublished materials unless
disclosure is deemed legally necessary. The law in Maryland currently protects
journalists "employed" by news organizations.
"The key is that those who are not paid but in a supervised
activity, and there's specific language in the bill with regard to that
supervision, those are the people who would now have the protection of the
shield law in Maryland and hopefully in other states as well," Rosenberg
said.
The law in Maryland is unique because it currently offers protections
based on employment by the news media, not a definition of a journalist, said
Jack Murphy, executive director of the Maryland Delaware DC Press Association.
"We thought it was important to cover college students who are doing
serious reporting and are, often times on big projects, having to grant
anonymity or confidentiality to their sources," Murphy said.
The bill's language extends protections to those "employed by
the news media in any news gathering or news disseminating capacity," or
to anyone "enrolled as a student in an institution of postsecondary
education and engaged in any news gathering or news disseminating capacity
recognized by the institution as a scholastic activity or in conjunction with an
activity sponsored funded, managed or supervised by school staff or
faculty."
The "news media" covered by the bill currently includes
"newspapers, magazines, journals, press associations, news agencies, wire
services, radio, television and any printed, photographic, mechanical, or
electronic means of disseminating news and information to the
public."
Rosenberg said he hopes the Maryland bill will set the stage for others to
pass similar legislation.
"I would hope that other states would follow suit," Rosenberg
said. "While each bill is different and each state is different, I think
we were able to do this the first year we introduced it, which is the exception
to the rule in the legislative process, because [of] the back situation in
Chicago and also because it's a very logical extension of the shield law.
It's very logical to extend it to college reporters."
Rosenberg has previously cited the issues involving the Medill School of
Journalism at Northwestern University in Evanston, Ill. as a catalyst for his
bill. The school hosts the Medill Innocence Project, run by Professor David
Protess, which attempts to use investigative journalism as a tool to reexamine
criminal cases where there is evidence of a wrongful conviction. Northwestern
received a subpoena last year, in connection with his students' investigation of
a murder conviction, which requested all notes, electronic communications
created for the course, grades of the students working on the case, a copy of
the course syllabus for the Innocence Project class and receipts for expenses
incurred during the investigation, among other materials.
Rosenberg said that he had tried in the past to introduce legislation that
would protect bloggers with no success, but that pending Congress'
decision on a federal shield bill, he would consider making another
attempt.
"I will reintroduce my legislation adding bloggers after the
Congress passes a federal shield law that includes bloggers, because then
you'd have that precedent," he said.
By Katie Maloney, SPLC staff writer