passed 2025/2026
1.DoesStudy In the case of protecting professional/client relationships it
online at https://quizlet.com/_7ndc2m
common
law privilege pro- extend does notto generally
journalists
tect journalists?
2.Privilege can vary -To ensure a fair trial in
and reporters
criminal cases
can be compelled - When they witness a crime-not just second-hand knowledge
to testify:
*doesn't always happen only when there isn't another source
3. Branzburg
Reporters do not have a First Amendment right to refuse to reveal the
v.
identity of confidential sources when subpoenaed to testify before to a
Hayes (1972)
grand jury.
4. Miller v.
U.S. (2005) -Judith P. Miller went to jail rather than testify before a federal grand jury
about a confidential source.
-The grand jury was investigating a leak from President George W.
Bush's admin- istration that identified a covert CIA agent.
-Although Miller, who was then reporting for the New York Times, never
wrote about the agent, she had evidence relevant to the
5. Privilege investigation.
protec- tion is -Miller argued that as a journalist she had a First Amendment-based
based on 3 privilege to avoid revealing her confidential sources.
factors:
1.) type of proceeding- least protection for testifying in front of a grand
jury
6. Most states 2.) type of information sought- published or unpublished,
have shield
protection laws confidential or noncon- fidential
to protect
journalists 3.) who is claiming the privilege-legitimate journalist? Wikileaks?
-more than 100 federal shield law bills have been introduced
,-none has ever been
enacted
, MC 401-Bragg Final Exam
Study online at https://quizlet.com/_7ndc2m
- protection in federal cases depends on jurisdiction guidelines and/or states
shield laws
7. Mike Price v. Time The 11th U.S. Circuit Court of Appeals ruled in July that Alabama law did
not protect
Inc. (2003) Sports Illustrated from having to identify a confidential source whose identity
was sought by Price's attorney, Steven Heninger. The court said the law
specifically protected newspapers and broadcast news reports, but not
8. Alabama magazines.
Shield Law
Alabama law covers people working in a "news gathering capacity" for "any
news- paper, radio broadcasting stations or TV station"
9. international pro- -In 2002, resulting from a war crimes trial, the UN International Criminal
Tribunal
tection appeals court ruled in favor of a Washington Post Correspondent.
-Court ruled reporter can only be subpoenaed in cases where:
1. information is vital.
2. Cannot be obtained anywhere else.
10. Cohen v.
Cowles MediaCourt upheld the constitutionality of Minnesota law permitting persons who
(1991)
are injured because of a broken promise to recover damages.
Cohen lost his PR job after a newspaper named him as a source in violation
of a promise of confidentiality.
Court said the First Amendment does not prohibit the use of Minnesota's
common law of promissory estoppel when journalists break promises
made to sources nor can reporters refuse to reveal a confidential news
11. Promissor source before a grand jury.
y Estoppel
Reporters like citizens may be responsible for any promises they break.