NEWS 409 Lecture 28: Shield Laws Notes

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In 1972, the u. s. supreme court recognized in brazenburg v. hayes that news gathering is not without first amendment protections. The justices, however, could not agree about the form or breadth of those protections. As a result, no nationally recognized newsgatherer"s privilege exists. Instead, the protections currently in place for newsgatherers are set forth in a patchwork of inconsistent court decisions and state statutes. Newsgatherers a term that includes reporters, authors and television producers often are subpoenaed to provide information in criminal and civil court proceedings. In some cases, the information sought is the identity of a confidential source. In others, the subpoenaing party seeks a reporter"s notes, video outtakes or other unpublished information. And in others, the newsgatherer is subpoenaed to testify about a crime or other event he or she witnessed. Newsgatherers seek protection from these subpoenas for a variety of reasons.

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