Exam 11: Protection of News Sources, Notes and Recordings

Prosecutors are more likely to have a "compelling" need for a journalists' information in a criminal case-when a defendant's life or freedom may be at stake-than in a civil case.

Former New York Times reporter Judith Miller was released from prison when the Supreme Court overturned lower court rulings that misinterpreted Branzburg v. Hayes.

Justice White, author of the Court's opinion in Branzburg v. Hayes, demonstrated:

State shield laws:

A subpoena duces tecum demands that the recipient produce notes, tapes, or documents. A subpoena ad testificandum demands that the recipient testify in court.

Even when judges reject First Amendment and common law privilege claims, journalists may assert the Fifth Amendment privilege against self-incrimination if they are able to convince a judge there is a reasonable fear their testimony will probably lead to a criminal prosecution.

What is the definition of the following term: -Stewart's Branzburg dissent.

The law of journalist's privilege is complex. In some cases where a court does not recognize a First Amendment-based privilege, a journalist may nonetheless be protected under a state statute.

Legislators creating shield laws often have difficulty defining the journalists and information workers who should have the privilege to withhold names of confidential sources. Shield laws usually extend the privilege of confidentiality

What is the definition of the following term: -Cohen v. Cowles Media Company.

Journalists sometimes lose a statutory privilege to withhold confidential sources if the journalists observe-are witnesses to-criminal activity.

Recent cases show federal courts are finding support for a journalist's privilege in the federal common law.

As part of a 2021 federal investigation into whether there was a criminal conspiracy to steal and publish the contents of a diary kept by President Biden's daughter as she underwent treatment for addiction, the FBI searched the residences of James O'Keefe, founder of Project Veritas, and two former employees. Which of these statements is NOT true about this case?

Prosecutors sometimes seek journalists' sources and notes when the information could be easily acquired from other sources.

No federal statute explicitly protects reporters from being ordered to testify in court.

Although Justice Stewart dissented in Branzburg v. Hayes, his opinion has been widely incorporated into state shield laws.

Courts are more reluctant to protect journalists' confidential sources in civil defamation suits involving media defendants than in suits in which the media are not parties.

Section 215 orders have rarely been used by the FBI.

Even if journalists have a qualified privilege to withhold information under a shield law, journalists are likely to be required to provide confidential information when:

In some states, journalists may withhold sources unless the courts or law enforcement officials demonstrate three things, including: