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A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton
A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton
All Faculty Scholarship
In the 1972 case of Branzburg v. Hayes, the Supreme Court held that the First Amendment does not protect journalists who refuse to reveal their confidential sources or news gathering product in response to a federal grand jury subpoena. That decision has remained vital for 35 years and has reverberated through a number of recent high-profile cases. Despite some form of protection in nearly every state court, reporters haled before a federal judge may have no recourse save prison. Devastating as Branzburg has been for the so-called journalist's privilege, its negative impact has been far broader. Branzburg is one of …
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric Easton
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric Easton
All Faculty Scholarship
Today, media corporations and their professional and trade associations, along with organizations like Reporters Committee for Freedom of the Press and the American Civil Liberties Union, carefully monitor litigation that implicates First Amendment values and decide whether, when, and how to intervene. It was not always so. Litigation by an institutional press to avoid or create doctrinal precedent under the First Amendment really began with the appointment of Col. Robert R. McCormick to head the ANPA's Committee on Freedom of the Press in the spring of 1928 and his involvement in Near v. Minnesota beginning that fall. Because of McCormick's …