For decades, authorities have relied on various state and federal laws to investigate reporters and their sources, to issue them subpoenas and to use the threat of prosecution and incarceration to get them to cooperate.
In response, journalists and their lawyers have fought back by claiming “reporter’s privilege,” with varying degrees of success.
These issues have come to a head over the past decade as the Bush and Obama administrations have used unprecedented aggressiveness in going after reporters and their sources.
The newest How-To briefing from the Medill National Security Initiative’s Josh Meyer also provides journalists with information about what to steps to take to protect themselves from being subpoenaed, and what to do if they are subpoenaed, or come under investigation and possible prosecution.