Lisby ch. 6

Question 1

What’s reporter’s privilege?

Answer 1

reporter’s protection under constitutional or statutory law, from being compelled to testify about confidential information or sources. It may be described in the US as (limited) 1st Amendment right given to journalists in protecting their confidential sources from discovery.

Question 2

Shield Law

Answer 2

A shield law is law that gives reporters protection against being forced to disclose confidential information or sources in state court.

Question 3

Plunkett v. Hamilton

Answer 3

1911- Justice J. Lumpkin says that every citizen or inhabitant owes the state a duty of testifying to help serve justice. No reporters priv. in GA in this case.

Question 4

Branzenburg v. Hayes

Answer 4

1972- Courts says 1.)news gathering qualifies as 1st amendment protection but reporters have no more/no less than regular citizens.

• Constitution has no mention of shield law for reporters in GA
• No federal government shield law

Question 5

Potter Stewart suggests is 3 part test:

Answer 5

1. ) show probable cause that info is relevant
2. )demonstrate that material sought cannot be gotten any other ways.
3. )demonstrate compelling/overriding interest in the info.

Question 6

Vaughn v. Georgia

Answer 6

1989- Reporters do not have the right to withhold sources.

Question 7

Howard v. SCAD

Answer 7

1990- Reporters have qualified privilege under the law, but GA Press Assoc. starts lobbying senators, etc. and a bill is proposed

Question 8

3 parts to the GA Press Assoc. bill

Answer 8

1. ) any person, company, or entity gathering news for publicly sharing can assert reporters privilege
2. ) they cannot be a party to the matter at hand
3. ) those seeking info must show that info is relevant, it cannot be gotten any other ways and must show compelling/overriding interest in the info

Question 9

Over __ states have ___ __; there is __ ____ ___ __.

Answer 9

2/3; shield law; no federal shield law.