§ 1986.1.Testimony given by journalist under subpoena; immunity rights; notice
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2026 · Last verified July 29, 2026
In one sentenceSection 1986.1 prevents a journalist's testimony under subpoena from waiving the constitutional shield privilege, requires at least five days' advance notice before subpoenaing a journalist or a third party for a journalist's records absent an urgent threat, and requires a contempt court to make written findings explaining why the information is material and unavailable elsewhere.
(a)No testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of the immunity rights provided by subdivision (b) of Section 2 of Article I of the California Constitution.
(b)(1) Because important constitutional rights of a third-party witness are adjudicated when rights under subdivision (b) of Section 2 of Article I of the California Constitution are asserted, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, a journalist who is subpoenaed in any civil or criminal proceeding shall be given at least five days' notice by the party issuing the subpoena that his or her appearance will be required.
(2) To protect against the inadvertent disclosure by a third party of information protected by Section 2 of Article I of the California Constitution, a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist shall, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication or station operations manager of the broadcast station that employs or contracts with the journalist, as applicable, at least five days prior to issuing the subpoena. The party issuing the subpoena shall include in the notice, at a minimum, an explanation of why the requested records will be of material assistance to the party seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena.
(c)If a trial court holds a journalist in contempt of court in a criminal proceeding notwithstanding subdivision (b) of Section 2 of Article I of the California Constitution, the court shall set forth findings, either in writing or on the record, stating at a minimum, why the information will be of material assistance to the party seeking the evidence, and why alternate sources of the information are not sufficient to satisfy the defendant's right to a fair trial under the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution.
(d)As used in this section, “journalist” means the persons specified in subdivision (b) of Section 2 of Article I of the California Constitution.
Plain-English Summary
California's Constitution protects journalists from being compelled to disclose unpublished information or sources, and this section reinforces that protection against being eroded through the subpoena process itself. Testimony a journalist gives under subpoena in a civil or criminal case cannot be treated as waiving the constitutional immunity, so complying with one subpoena does not open the door to broader compelled disclosure later.
Because the shield protects a real constitutional interest, the section requires advance warning before it can be tested. A party subpoenaing a journalist must give at least five days' notice of the required appearance, and a party subpoenaing a third party for a journalist's records must give the journalist and that journalist's employer similar advance notice, along with an explanation of why the records matter and why other sources will not do. Both notice requirements bend only where there is a clear, substantial threat to a criminal investigation or an imminent risk of death or serious bodily harm.
If a court still holds a journalist in contempt in a criminal case despite the constitutional shield, the section requires the court to put its reasoning on the record or in writing, explaining why the information will materially help the party seeking it and why no other source can satisfy the defendant's fair-trial rights.
Frequently Asked Questions
Does testifying under subpoena waive a journalist's shield law protection?
No. Section 1986.1 provides that testimony given under subpoena does not waive the immunity rights under the California Constitution's shield provision.
How much notice must a journalist receive before being subpoenaed?
At least five days' notice, except where there is a clear and substantial threat to a criminal investigation or an imminent risk of death or serious bodily harm.
What must a subpoena to a third party for a journalist's records include?
Notice to the journalist and their employer at least five days before issuance, explaining why the records will materially assist the requesting party and why alternate sources are insufficient.
What must a court do before holding a journalist in contempt despite the shield law?
Set forth findings, in writing or on the record, explaining why the information is material and why no alternate source can satisfy the defendant's fair-trial rights.
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:california journalist shield law subpoenareporter privilege notice before subpoena