Unpacking Government: What Legal Protections Do Reporters Have?

In 1972, the court heard Branzburg v. Hayes regarding a journalist who refused to testify about drug crimes he had reported on in Kentucky. The court ruled that compelling the reporter to testify before a grand jury did not violate the First Amendment.

The problem with Branzburg is the decision came down 5-4 — a split decision with a total of four written opinions. Any precedent set by the case was not binding and up to each circuit court to interpret.

That was exactly the issue when Carolyn Nielsen was subpoenaed seven years ago.

Nielsen was already teaching journalism at Western Washington University when she was subpoenaed in 2010 for notes about a 15-year-old murder case she covered while she was a student in Chicago.

"It was really shocking to me," Nielsen said. "I can't say that I expected it at all."