shield laws

Shield laws are statutes that protect certain groups from liability and prevent the mandatory disclosure of certain information.

In the context of the press, shield laws allow journalists to refuse to disclose confidential sources of information obtained during newsgathering. These laws protect reporters from being compelled to testify about their sources or unpublished materials in legal proceedings. The scope of protection varies by jurisdiction. Some shield laws provide an absolute privilege, while others provide a qualified privilege that may be overcome if the information is essential to a case and cannot be obtained by any other means. Courts may also require disclosure when competing interests, such as a criminal defendant’s right to a fair trial, outweigh the journalist’s interest in confidentiality. See: NY Civ Rights L § 79-H.

In the context of gender and reproductive health rights, shield laws address the conflict of laws that may threaten providers who may perform certain services or procedures (for example abortion or gender affirming care), as well as those seeking that care. These laws prevent patients and treatment providers who legally perform their services in their respective jurisdictions, from out-of-state liability. See: Massachusetts Know Your Rights: Shield Law, and New York State Shield Law Protections.

In the context of sexual assault, rape shield laws prevent the disclosure of prior sexual history as evidence. See: Federal Rules of Evidence, Rule 412, and State v. Jeffries, 160 Ohio St. 3d 300 (2020). 

Shield laws are primarily enacted at the state level, and there is no comprehensive federal shield law. 

[Last reviewed in April of 2026 by the Wex Definitions Team] 

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