Chapter 10

Question 1

4 consequences of journalists refusing to reveal confidential sources in court?

Answer 1

1. Being held in contempt of court
2. facing monetary fines
3. possible jail time
4. Risk of civil lawsuits for breaking confidentiality agreements

Question 2

Journalists often face a difficult choice when subpoenaed:

Answer 2

• Complying with the subpoena and risking loss of trust from sources
• Challenging the subpoena in court, hoping for a ruling that protects their confidentiality

Question 3

Cohen v. Cowles Media Co. (1991)

Answer 3

Journalists can be sued if they break a promise of confidentiality

Question 4

Promissory Estoppel

Answer 4

A legal principle allowing enforcement of promises that others relied upon, even if no formal contract exists

Question 5

What are the key elements of promissory estoppel?

Answer 5

• A clear and definite promise
• Reasonable reliance on that promise
• Harm caused by breaking the promise

Question 6

4 Tips for Reporters on Confidential Sources

Answer 6

1. Avoid routinely promising confidentiality
2. Corroborate information with non-confidential sources whenever possible
3. Understand the risks before agreeing to anonymity
4. Consult an editor or legal team before making any promises

Question 7

Branzburg v. Hayes (1972)

Answer 7

The Supreme Court ruled that journalists do not have an automatic right to refuse to testify before a grand jury

However most federal courts now limit this ruling

Question 8

Legal protection in Civil Cases

Answer 8

Courts are more likely to allow journalists to refuse to testify