Exam 11: Protection of News Sources, Notes and Recordings

What is the definition of the following term: -Search warrants.

Courts recognizing a First Amendment-based journalist's privilege have limited the privilege to the traditional news media.

A federal shield law allows "anyone who disseminates information to the public" to shield confidential sources from courts and grand juries.

The fear of cases similar to Cohen v. Cowles Media has proven unfounded as journalists rarely break a promise of confidentiality.

The recent trend of appellate courts reading the Branzburg case narrowly was reflected in the Fourth Circuit's 2013 decision in United States v. Sterling.

Journalists welcome neither subpoenas nor search warrants, but they prefer subpoenas for information because:

Journalists fear the public may be denied valuable reports because sources may "dry up" if journalists cannot promise confidentiality.

As a result of the USA Freedom Act of 2015, tech companies now regularly publish reports of the number of NSLs received each year along with data on other types of government requests.

Ron Reporter writes a series of stories about university officials selling illegal drugs to dorm residents. Reporter does not observe any drug sales. On the basis of the articles, the district attorney charges the director of student housing with drug trafficking. As she begins preparation for trial, the district attorney asks the judge to order Reporter to reveal the names of sources and notes acquired for the articles. The district attorney (DA) tells the judge the names and sources "might help her a lot" as she tries to clear the campus of the scourge of drugs. Reporter refuses to reveal his sources and notes, citing the state shield law which is much like the three-part test Justice Stewart proposed in Branzburg v. Hayes. From the facts available, should Reporter be able to withhold notes and sources under the state shield law? Yes or no? Explain