Ch. 9

Question 1

reporter’s privilege

Answer 1

source confidentiality

Question 2

grand jury

Answer 2

determines if crime has been committed and whether to file charges; DOES NOT DETERMINE GUILT

Question 3

Branzburg v Hayes

Answer 3

• Branzburg wrote about illegal drug sales
• Grand jury issues subpoena to reveal sources
• uproar caused states to pass shield laws

Question 4

shield laws

Answer 4

state laws that protect journalists form being found in contempt of court for refusing to reveal a source

Question 5

Cohen v Cowles Media Co

Answer 5

• Editor published a source’s name and breached an agreement w/ the source
• the FA does not shield press from the requirements of promissory estoppel

Question 6

Promissory estoppel

Answer 6

Legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on, and injury results from the breaking o the promise

Question 7

Generally applicable law

Answer 7

law that is enforced evenly across the board and doesn’t exempt journalists

Question 8

Branzburg test

Answer 8

Reporter’s privilege to withhold info unless gov demonstrates:

• probable cause to believe that the reporter has info clearly relevant to a specific violation of law
• that the info sought cannot be obtained by means less destructive of FA values
• that there is a compelling & overriding interest in the info

Question 9

civil contempt

Answer 9

journalist is jailed until he/she discloses information

Question 10

Judith Miller case

Answer 10

Journalists: jailing miller would bring good reporting to an end

court: Branzburg law has been around for 33 years and hasn’t stopped the media

Question 11

Zurcher v Stanford Daily

Answer 11

Police got a warrant to investigate unpublished photos of a demonstration

1. searches will be physically disruptive
2. confidential sources will dry up
3. reporters will be deterred from recording and preserving recollections for future use
4. Processing & dissemination of news will be chilled by the prospect of searches
5. The press will reort to self censorship to conceal its posession of info of potential interest to police

Question 12

Privacy protection act

Answer 12

prohibits search & seizure of journalist’s work product or documentary materials in the journalist’s possession as part of a criminal investigation