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Articles 1 - 16 of 16
Full-Text Articles in Law
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Rethinking Reporter's Privilege, Ronnell Andersen Jones
Michigan Law Review
Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into the constitutional protection of the relationship between a reporter and a confidential source. This case - decided at a moment in American history in which the role of an investigative press, and of information provided by confidential sources, was coming to the forefront of public consciousness in a new and significant way - produced a reporter-focused "privilege" that is now widely regarded to be both doctrinally questionable and deeply inconsistent in application. Although the post-Branzburg privilege has been recognized as flawed in a …
Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter
Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter
Indiana Law Journal
No abstract provided.
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
University of Arkansas at Little Rock Law Review
No abstract provided.
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
University of Arkansas at Little Rock Law Review
No abstract provided.
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
University of Arkansas at Little Rock Law Review
No abstract provided.
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Michigan Law Review
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege-Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel of the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer
Kentucky Law Journal
No abstract provided.
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
University of Richmond Law Review
Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.
Trial Participants In The Newsgathering Process, C. Thomas Dienes
Trial Participants In The Newsgathering Process, C. Thomas Dienes
University of Richmond Law Review
The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
University of Richmond Law Review
Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting pressure …
The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.
The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.
University of Richmond Law Review
The two hundredth anniversary celebration of the United States Constitution in 1987 provided an excellent opportunity to reflect upon how we now interpret the political doctrines that influenced the founding fathers in forming our government. At the time of the American Revolution, the basic tenets and freedoms that were written into the Declaration of Independence, and later incorporated into the Bill of Rights through the efforts of James Madison and George Mason of Virginia were considered essential human rights.
The Supreme Court And The Not-So-Privileged Press, John D. Epps
The Supreme Court And The Not-So-Privileged Press, John D. Epps
University of Richmond Law Review
The first amendment mandates freedom of the press, but the extent of that freedom has been the issue in scores of Supreme Court opinions. Whether press freedom is above and beyond that provided the general public by the first amendment has been a fertile question for debate. The question is more than academic, however; its answer has determined, for example, that reporters must be jailed for refusing to comply with subpoenas and that newsrooms can be searched for evidence of criminal activities.
Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source
University of Richmond Law Review
The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source
Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson
Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson
Kentucky Law Journal
No abstract provided.