Answer :
Except for Wyoming, appellate courts in the states that do not have shield laws have recognized various kinds of constitutional and/or common-law testimonial privileges for reporters.
Few subpoenas are reportedly issued to news organisations in Wyoming, according to anecdotal evidence. Typically, the reporter is asked to testify that his or her narrative is factual in the subpoenas that have been issued.
Because subpoenas are rarely used against news organisations, it's possible that this is the reason why Wyoming has never passed a shield statute and its sole appellate court, the Wyoming Supreme Court, has never issued a ruling on the subject.
The United States District Court for the District of Wyoming was the venue for the lone instance in Wyoming when a news outlet sought to have a subpoena quashed. The court rejected the move to quash, and the Tenth Circuit Court of Appeals did not review the ruling.
Because Wyoming does not have a shield statute and has minimal case law concerning the state constitution's guarantee of the right to freedom of expression and of the press, a state court is likely to refer to federal law in deciding whether to uphold a move to revoke a subpoena served on the media.
There is no record of a Wyoming reporter being fined or imprisoned for disobeying a subpoena.
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Except in Wyoming, appellate courts have affirmed a variety of constitutional and/or common law testimonial privileges for journalists.
Anecdotal data suggests that subpoenas are rarely issued to news organizations in Wyoming. In most subpoenas, the reporter is asked to attest that the information in his or her story is accurate.
The infrequent use of subpoenas against news organizations is probably the reason why Wyoming has never approved a shield law and its lone appellate court, the Wyoming Supreme Court, has never rendered a decision on the matter.
The only case in Wyoming in which a news organization attempted to have a subpoena overturned took place in the United States District Court for the District of Wyoming. The Tenth Circuit Court of Appeals did not review the decision after the court rejected the motion to quash.
A state court in Wyoming is likely to look to federal law when determining whether to uphold a motion to revoke a subpoena served on the media because Wyoming does not have a shield statute and has little case law regarding the state constitution's guarantee of the right to freedom of expression and the press.
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