An Act To Shield Journalists' Confidential Sources
Maine Legislature, Session 123, LD 2047
Committee Amendment CA_A_H1010 (House)

COMMITTEE AMENDMENT i'A" to H.P. 1431, L.D. 2047, Bill, "An Act To 
Shield Journalists' Confidential Sources" 
Amend the bill by striking out all of the emergency preamble. 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 16 MRS A §61 is enacted to read: 
§61. Shielding journalist's confidential sources 
1. Compelled disclosure prohibited. A judicial, legislative, administrative or other 
body with the power to issue a subpoena may not compel a journalist to testify about, 
produce or otherwise disclose or adjudge the journalist in contempt for refusal to testify 
about, produce or disclose: 
A. The identity of a confidential source of any infonnation; 
B. Any infonnation that could be used to identify a confidential source; or 
C. Any infonnation obtained or received in confidence by the journalist acting in the 
journalistic capacity of gathering, receiving, transcribing or processing news or 
information for potential dissemination to the public. 
2. Exceptions allowing compelled disclosure. A court may compel disclosure of 
the identity of a source or information described in subsection 1 if the court finds, after 
the journalist has been provided notice and the opportunity to be heard, that the party 
seeking the identity of the source or the information has established by a preponderance 
of the evidence: 
A. In all matters, whether criminal or civil, that: 
(1) The identity of the source or the information is material and relevant; 
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COMMITTEE AMENDMENT "A" to H.P.1431, L.D. 2047 
(2) The identity of the source or the information is critical or necessary to the 
maintenance of a party's claim, defense or proof of an issue material to the claim 
or defense; 
(3) The identity of the source or the information is not obtainable from any 
alternative source or cannot be obtained by alternative means or remedies less 
destructive of First Amendment rights; and 
(4) There is an overriding public interest in the disclosure; and 
B. Based on information obtained from a source other than the journalist that: 
(1) In a criminal investigation or prosecution, there are reasonable grounds to 
believe that a crime has occurred; or 
(2) In a civil action or proceeding, there is a prima facie cause of action. 
3. 
Compelled disclosure from 3rd parties. 
The protection from compelled 
disclosure contained in subsection 1 also applies with respect to any subpoena issued to, 
or other compulsory process against, a 3rd party that seeks records, information or other 
communications relating to business transactions between the 3rd party and the journalist 
for the purpose of discovering the identity of the source or obtaining information 
described in subsection 1. 
Whenever a subpoena is issued to, or other compulsory 
process is issued against, a 3rd party that seeks records, information or other 
communications on business transactions with the journalist, the affected journalist must 
be given reasonable and timely notice of the subpoena or compulsory process before it is 
executed or initiated and an opportunity to be heard. In the event that the subpoena 
issued to, or other compulsory process against, the 3rd party is in connection with a 
criminal investigation in which the journalist is the express target and advance notice as 
provided in this section would pose a clear and substantial threat to the integrity of the 
investigation, the governmental authority shall so certify to such a threat in court and 
notification of the subpoena or compulsory process must be given to the affected 
journalist as soon as it is determined that the notification will no longer pose a clear and 
substantial threat to the integrity of the investigation. 
4. 
Waiver. A journalist waives the protection provided by this section if the 
journalist voluntarily discloses or consents to disclosure of the protected information 
described in subsection 1, paragraphs A and B.' 
Amend the bill by striking out all of the emergency clause. 
SUMMARY 
This amendment revises the bill to delete the protection for non confidential 
information. 
This amendment revises the bill to clarify that disclosure of information may be 
compelled in both civil and criminal cases only when the party seeking the identity of the 
confidential source or the information establishes by a preponderance of the evidence 
that: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1431, L.D. 2047 
1. The identity of the source or the information is material and relevant; the bill 
requires that it be highly material and relevant; 
2. 
The identity of the source or the information is critical or necessary to the 
maintenance of the party's claim, defense or proof of an issue material to the claim or 
defense; 
3. The identity of the source or the information is not obtainable from any alternative 
source or cannot be obtained by alternative means or remedies less destructive of First 
Amendment rights; and 
4. There is an overriding public interest in disclosure. 
This amendment clarifies that the journalist waives the protection from compelled 
disclosure by voluntarily disclosing or consenting to the disclosure of the confidential 
information about the confidential source. This waiver is consistent with the Maine Rules 
of Evidence, Rule 510. 
This amendment deletes the provision providing that the .... ource of any information 
obtained in violation of the new law is inadmissible. 
This amendment revises the bill by deleting the definition of "journalist" to allow the 
court to determine on a case-by-case basis whether a person claiming the protection from 
compelled disclosure is eligible for such protection. 
This amendment deletes the emergency preamble and emergency clause. 
COMMITTEE AMENDMENT