COM JO 525 Lecture 2: Priviledge
7 May 2019
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Document Summary
Quash - to nullify or annul, as in quashing a subpoena. Reporter"s privilege - the concept that reporters can keep information such as source identity confidential. The idea is that the reporter -- source relationship is similar to a doctor/patient and lawyer/client relationship. Reporter"s privilege test (a reporter"s privilege to withhold information likely does not exist if the government can demonstrate:) Possession: probably cause to believe that the reporter has information clearly connected to a specific violation of law. No alternatives : the information sought cannot be obtained by alternative means less destructive of first amendment values. Relevance: that there is a compelling and overriding interest in the information. Shield laws - state laws that protect journalists from being found in contempt of court for refusing to reveal sources. Promissory - a legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from breaking the law of the promise.
