HB 158: Shield Law Clears Idaho House Committee, Heads to Floor

By Greg Pruett • February 19, 2025

The Idaho Judiciary and Rules Committee has passed House Bill 158, also known as the Shield Law, to protect journalists and their sources from subpoenas, which would jeopardize the ability of journalists to do their jobs and for sources to give information to the media.

Idaho Dispatch fully supports HB 158. We often have concerns about lawsuits and subpoenas for information we receive from confidential sources (often from within government agencies) and our ability to fight off those subpoenas. The cost would be far more than we can afford.

One of the primary protections journalists need is to talk to sources with the confidence that those sources can be protected from lawsuits. However, an exception in the bill does exist for instances where national security may be at risk or a threat of imminent personal harm.

Here is the Statement of Purpose from the bill authors, Rep. Barbara Ehardt (R – Idaho Falls) and Rep. Marco Erickson (R – Idaho Falls):

“This bill amends chapter 7, title 9 of Idaho code by adding a new section 9-714 to create a shield law to help protect media source confidentiality when engaging in newsgathering activities, except in cases of national security or imminent physical harm.”

HB 158 passed out of committee unanimously on a voice vote.

The bill is rated as a +1 by the Idaho Freedom Foundation. Here is part of the analysis from the IFF about the bill:

“Protecting media source confidentiality is appropriate, but the First Amendment should suffice.

Additionally, such protections should apply to all people — including those who might share information through personal blogs or social media accounts — and there should be no broad exceptions.
This bill takes a small step toward recognizing and protecting unalienable rights, but it could go much further.”

The bill now heads to the full House for a vote.