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Seattle University Law Review

1983

First Amendment

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The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen Jan 1983

The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen

Seattle University Law Review

This comment suggests a test in civil cases that enables a court to determine if there is a first amendment interest in protecting a source’s confidentiality. If a journalist can demonstrate this interest, then the burden shifts to the litigant seeking disclosure. This comments suggests three criteria through which the litigant must persuade the court that the state’s interest outweighs the first amendment interest. The test suggested by this comment should increase protection for the first amendment interest by decreasing the number of disclosure orders issued and by giving journalists and their confidential sources a basis for predicting in advance …