Journalists subpoenaed in federal court in civil cases are protected by the state shield law only in cases where N.C. substantive law applies (such as civil cases in which the federal court’s diversity jurisdiction has been invoked because the parties to the case are from different states). In other civil cases and in criminal cases in federal court, journalists must rely on the First Amendment-based qualified privilege.
Although the shield law has made the First Amendment-based privilege less important in state court cases than it once was, it should not be overlooked altogether. While it appears to be strong, the shield law has only begun to be tested in court, and journalists might still need the First Amendment-based privilege.
