Journalists' Privilege: Overview of the Law and Legislation in the 110th and 111th Congresses [November 10, 2009] [open pdf - 168KB]
"Though the Supreme Court concluded that the First Amendment does not provide a journalists' privilege in grand jury proceedings, 49 states have adopted a journalists' privilege in various types of proceedings; 33 have done so by statute, and 16 by court decision. Journalists have no privilege in federal proceedings. [...] Congress has considered creating a journalists' privilege for federal proceedings, and bills to adopt a journalists' privilege have been introduced in the 110th and 111th Congresses, in both the House and the Senate. These bills generally would provide for a more narrow privilege than the privileges provided by state laws. Three bills were introduced in the 110th Congress: S. 1267, S. 2035, and H.R. 2102. On October 16, 2007, the House passed H.R. 2102. In the 111th Congress, two bills have been introduced: H.R. 985 and S. 448. H.R. 985 was passed by the House of Representatives on March 31, 2009."
CRS Report for Congress, RL34193