ORS 44.520
Limitation on compellable testimony from media persons

  • search of media persons’ papers, effects or work premises prohibited
  • exception

(1)

No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:

(a)

The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or

(b)

Any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.

(2)

No papers, effects or work premises of a person connected with, employed by or engaged in any medium of communication to the public shall be subject to a search by a legislative, executive or judicial officer or body, or any other authority having power to compel the production of evidence, by search warrant or otherwise. The provisions of this subsection, however, shall not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime. [1973 c.22 §3; 1979 c.820 §1]

Source: Section 44.520 — Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html.

Notes of Decisions

“Information obtained” in course of news gathering does not include personal observations to extent that observations were of events taking place in public, were made with naked eye and did not relate to work product, informants or confidential sources. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

Attorney General Opinions

Constitutionality of this section under Oregon and United States Constitutions, (1979) Vol 39, p 703

Law Review Citations

59 OLR 477 (1981)

Green check means up to date. Up to date

Current through early 2024

§ 44.520’s source at oregon​.gov