Nebraska Free Flow of Information Act

What is the Nebraska Free Flow of Information Act?

Nebraska’s shield law protecting reporters and news workers from being forced to reveal sources or unpublished information.

When was the Nebraska Free Flow of Information Act enacted?

1973

What does § 20-144 of the Act cover?

Legislative findings explaining why the law exists.

According to § 20-144, why does Nebraska want to protect news gathering?

To ensure the free flow of news and information to the public.

How does the Act view government interference with journalists?

Government should not inhibit, pressure, or punish news gatherers.

Why is forcing journalists to reveal sources considered harmful under the Act?

It inhibits the free flow of information and is against the public interest.

What urgent need does the Legislature cite in § 20-144?

The need to prevent inhibition of newsgathering.

How does blocking information flow relate to interstate commerce?

It negatively affects interstate commerce, supporting federal-style authority for the law.

Which constitutional principles does the Act aim to protect?

First and Fourteenth Amendments of the U.S. Constitution and Article I, section 5 of the Nebraska Constitution.

What types of proceedings are included under the term “federal or state proceeding”?

Any judicial, legislative, executive, or administrative investigation.

What counts as a “medium of communication” under the Act?

Newspapers, magazines, books, broadcasts, wire services, cable systems, and similar platforms.

How is “information” defined in the Act?

Any written, audio, oral, or pictorial material.

What is the difference between published/broadcast information and unpublished/nonbroadcast information?

Published/broadcast: disseminated to the public;
Unpublished/nonbroadcast: not disseminated, like notes, outtakes, photos, recordings, drafts.

What does “processing” include in the Act?

Compiling, storing, handling, or editing information.

Who qualifies as a “person” under the Act?

Any individual or organization involved in media or communications.

What is protected under § 20-146?

Journalists cannot be forced to disclose: 1) the source of any information, or 2) unpublished/nonbroadcast information.

Does the shield cover both published and unpublished material?

Yes, both are protected.

Does the shield apply in federal, state, or both types of proceedings?

Both federal and state proceedings.

What is the official citation for the Act?

Free Flow of Information Act (§§ 20-144 to 20-147).

Why does Nebraska provide an absolute privilege for sources and unpublished material?

To protect public access to information and support vigorous newsgathering without fear of legal compulsion.

Why does the Act define terms like “medium of communication” and “information” broadly?

To ensure the shield law applies widely to almost all forms of journalism and news-gathering activities.

What is the key takeaway of the Nebraska Free Flow of Information Act?

Protecting confidential sources and unpublished materials is essential to keeping the public fully informed.