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May 17, 2010
Judge Tom
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High school journalists protected in Kansas

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Kansas Governor Mark Parkinson signed into law in May, 2010, a bill commonly referred to as a “shield law.”  It provides legal protection to reporters regarding their confidential sources, notes and unpublished materials unless disclosure is deemed legally necessary [usually by a court].

The new law may include college and high school journalists under the language set forth therein. Without specifically mentioning high school reporters, it includes “a publisher, editor, reporter or other person employed by a newspaper, magazine, news wire service, television station or radio station who gathers, receives or processes information for communication to the public.” 

Photo by Rogue Sun Media

Although high school journalists aren’t technically ’employed’ to report news, the Kansas law further defines “acting as a journalist” as being “engaged in activities that are part of such journalist’s gathering, receiving or processing information for communication to the public.”  The law will have to be tested to see the extent of its coverage. In the meantime, high school reporters may continue to do responsible investigating and reporting and look to their advisor for guidance in this area.

Approximately three dozen states have shield laws protecting journalists from unjustified subpoenas. There is no federal shield law, although Congress has attempted to pass such legislation.

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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