Swatt Guide to Press Law — Federal Law
Reporters in the United States are subject to both state laws and federal laws. Learn about the federal laws regarding journalism on this page.
If you have any questions or concerns, please don’t hesitate to contact us using our ask-a-librarian service or via an email to csllaw@library.ca.gov.
Federal Constitutional Law
The First Amendment has been a part of the United States Constitution since 1791, but rulings that affect press protections, such as Branzburg v. Hayes, can occur any time there is a Supreme Court case revolving around how to interpret the First Amendment. Stay up to date on how Supreme Court rulings on constitutional law affect press freedoms.
Research Existing Constitutional Law
You can search a current version of the United States Constitution and see how the courts interpret its passages for free. Here is how you can do so:
- Go to Constitution Annotated
- Type your search term into the search bar
- Click on the interpretation
Current Supreme Court Cases
While Constitutional Amendments are possible, rulings by the Supreme Court on how to interpret specific constitutional passages tend to be more common. Here is how you can see issues that the Supreme Court is considering or has recently considered.
- Docket Search – Supreme Court of the United States
- Keyword Search
- Click on the Docket of interest to you
- Click on “Questions Presented” to see the Constitutional issue being considered
Get Case Alerts
You can keep track of individual Supreme Court cases by subscribing to email alerts about them.
- Docket Search – Supreme Court of the United States
- Open a court docket
- Click the email icon above the docket title
- Enter your email address
Federal Legislation
Are you curious about H.R. 4250, also known as the PRESS Act? Many laws affecting press rights and access go through Congress. See what laws are either on the books or that our congress is considering which could affect you.
Researching Existing Laws
You can search a current version of the United States Code for free. Here is how you can do so.
- Go to OLRC Home
- Type your search term into the search box
Legislation in Congress
Start your research on new bills in Congress or recently passed bills using this quick guide!
- Go to Legislative Search Results
- Type in a keyword search
- Narrow your search results or change the congressional year you are searching using the “Limit Your Search” functions
- Select a Bill
Get Legislation Alerts
Learn about new bills related to press law or other topics by using the free keyword search alert service offered via congress.gov.
- Sign up for a free congress.gov account: About Alerts
- Select and open a bill
- Click the “Get Alerts” hyperlink that appears under the bill title
Get Involved
Do you have a comment or opinion on a new bill? Say something! Contact your congresspeople.
- Members of the U.S. Congress
- Type in your zip code
- Follow the contact links for each individual Representative and Senator.
On-Site Resources
Not finding what you need online? We may have resources onsite that will help you, such as the following:
Legal Databases
- HeinOnline
- Westlaw
Paper Publications
- United States Statutes at Large (1849–2011)
- United States Codes Annotated (c.1940–date)
Federal Case Law
Do you need to see USA v. Fainaru-Wada or other recent federal rulings holding journalists in contempt of court? While California has strong journalistic protections thanks in part to the constitutional amendment (now Article 1, Section 2b of the California Constitution) that inspired this research guide, reporters have less protection in federal courts. You can find federal case law related to freedom of the press and journalistic source privilege through unofficial sources and via government websites.
Free Government Sources: Supreme Court Opinions
United States Supreme Court opinions dating back to the 18th century have been digitized and are available online via the following government websites:
2016-Present
- Opinions of the Court – 2023 (supremecourt.gov)
- Select the appropriate date range on this resource
- Keyword search by case name
1991-2016
- U.S. Reports (supremecourt.gov)
- Select the appropriate date range on this resource
- Keyword search files
–2012
- United States Reports (Official opinions of the U.S. Supreme Court)
- Keyword search this collection
Free Government Sources: Appellate and District Courts
Recent federal appellate and district court opinions are also partially available online through free government sources. Here is how to access them.
2004-Present:
- GovInfo | U.S. Government Publishing Office
- Under “Refine by Collection”
- Scroll down and Select “United States Courts Opinions”
- Enter your search term into the search box
Fee-based Government Sources: Other Federal Court Records
PACER is the most in-depth resource for recent federal court opinions as well as dockets and briefs for all levels of the federal court system. While opinions are free with an account, you will need to pay a small fee to access other records.
- PACER
- Create an Account
- Search by Court
Free Unofficial Online Sources
In addition to the official sources, you can also search for federal case opinions on these unofficial sites. Please note that the California State Library is providing these links for informational purposes and in no way endorses these websites.
- Google Scholar (Check “Case Law” option)
- FindLaw
- Justia
- Advanced Legal Opinion Search – CourtListener.com
Get Case Alerts
You can keep track of individual federal cases and their proceedings by subscribing to complete case alerts via PACER or partial case alerts via CourtListener:
On-Site Resources
Not finding what you need online? We may have resources onsite that will help you, such as the following:
Legal Databases
- HeinOnline
- Westlaw
US Case Law
- Supreme Court Reporter (1883-)
- Federal Reporter (Mostly Appellate Courts) (1880-)
- Federal Supplement (District Courts) (1933-)
- Federal Cases (District and Circuit Courts) (-1880)
U.S. Attorney General Opinions
Are you interested in reading about the intricacies of congressional subpoenas, White House documents and the press? While not law per-se, courts, members of Congress and others who either write or apply the law frequently refer to Attorney General opinions for guidance on how to interpret existing law. Here is how you can check on what the U.S. Attorney General has said about journalism and the law.
Research Published Opinions
The U.S. Department of Justice provides online access to published Attorney General Opinions issued after 1977 as well as some selected opinions dating back to 1934. Here is how you can see them.
- Office of Legal Counsel | Opinions | United States Department of Justice
- Search by keyword or citation
- Open the relevant opinion
Research Unpublished Opinions
In addition to making the published opinions available, the U.S. Department of Justice makes some unpublished opinions available online. Here is how you can see them.
Recent Unpublished Documents
- Office of Legal Counsel | OLC FOIA Electronic Reading Room (justice.gov)
- Scroll to the document you are looking for
Additional documents from 1945-1993
- Office of Legal Counsel | OLC FOIA Electronic Reading Room 2 (justice.gov)
- Scroll to the document you are looking for
On-Site Resources
Not finding what you need online? We may have resources onsite that will help you, such as the following:
Legal Databases
- HeinOnline
- Westlaw
Paper (and Microfilm) Publications
- U.S. Attorney General Opinions (1852–2008)
United States Regulations
Are you a journalist curious about Title 28 CFR § 50.10 and what protections it may or may not offer you? Though the overarching principles of press freedoms and rights are often governed by legislation and court decisions, regulatory law can affect the specifics of how the press can interact with federal agencies. Here is how you can access the details.
Research Current Regulations
You can search the most current version of the Code of Federal Regulations for rules affecting the press on the following website:
- eCFR :: Search
- Search by keyword
Find Recent Regulation Proposals
- Regulations.gov
- Type in your search term
- Click the “Only Show documents open for Comment” Box
- Click the “Proposed Rule” option to limit to proposed regulations
Get Regulation Alerts
You can keep track of individual regulation proposals as they go through the regulatory approval process by completing the following steps:
- Regulations.gov
- Locate a proposed regulation
- Click on “Docket (A Docket Number)”
- This will appear as a hyperlink above the proposed rule title
- Click on “Subscribe”
Get Involved
Do you have an opinion about a proposed regulatory change? Say something!
- Regulations.gov
- Locate a proposed regulation
- Click the “Comment” button or follow the comment instructions inside the document
On-Site Resources
Are you not finding what you need online? The Witkin State Law Library has several onsite resources that might help you with your federal regulatory research. You can consult the Federal Register to see historic change proposals or check out back issues of the Code of Federal Regulations to see the text of superseded regulations.
Legal Databases
- HeinOnline
- Westlaw
Paper Publications
- Federal Register (1936–date)
- Code of Federal Regulations (1938–date)