Journalists, Shield Laws and the First Amendment: Is the Fourth Estate Under Attack?Ulan C. Pracene Absent a statutory or constitutional recognition of journalistic privilege, a reporter may be compelled to testify in legal, administrative, or other governmental proceedings. To date, thirty-one states and the District of Columbia have recognised a journalists' privilege through enactment of press 'shield laws', which protect the relationship between reporters, their source, and sometimes, the information that may be communicated in that relationship. The journalists' privilege is distinct from other recognised privileges, in that the privilege vests only with the journalist, not with the source of the information. This book provides an overview of general trends among the states individual statutes. It also presents the full text of the state shield statutes and the First Amendment. |
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44 Liquormart advertising agency Amendment protection appeal apply Branzburg broadcasting station cable television Central Hudson test child pornography commercial speech compelled disclosure confidential constitutional content-neutral Court found Court struck defamation disseminated editing emphasis in original employed employee evidence Federal Communications Commission fighting words fourth prong governmental interest grand jury hearing incidental restriction indecent information procured information sought injunction issue journalist or newscaster judicial legislative magazine material means media organization medium of communication Miller test must-carry newspaper newsperson noncommercial obscene obtained or prepared officer official or reporter party seeking person photographer press association prior restraint procured or obtained professional activities professional journalist prohibit public interest publication or broadcast published qualified privilege radio or television regulation relevant required to disclose shield law exists source of information Stat strict scrutiny subpoena subsection television station Turner Broadcasting System unconstitutional unpublished information obtained upheld wire service