Chapter 10 Flashcards
(27 cards)
4 consequences of journalists refusing to reveal confidential sources in court?
- Being held in contempt of court
- facing monetary fines
- possible jail time
- Risk of civil lawsuits for breaking confidentiality agreements
Journalists often face a difficult choice when subpoenaed:
- Complying with the subpoena and risking loss of trust from sources
- Challenging the subpoena in court, hoping for a ruling that protects their confidentiality
Cohen v. Cowles Media Co. (1991)
Journalists can be sued if they break a promise of confidentiality
Promissory Estoppel
A legal principle allowing enforcement of promises that others relied upon, even if no formal contract exists
What are the key elements of promissory estoppel?
- A clear and definite promise
- Reasonable reliance on that promise
- Harm caused by breaking the promise
4 Tips for Reporters on Confidential Sources
- Avoid routinely promising confidentiality
- Corroborate information with non-confidential sources whenever possible
- Understand the risks before agreeing to anonymity
- Consult an editor or legal team before making any promises
Branzburg v. Hayes (1972)
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
Legal protection in Civil Cases
Courts are more likely to allow journalists to refuse to testify
Legal protection in Criminal Cases
Courts must balance journalistic privilege with a defendant’s sixth Amendment rights
Legal protection of special prosecutors
Courts generally treat these cases like grand jury proceedings, requiring journalist reveal information
Legal protection of Grand juries
Journalists cannot claim first amendment privilege and must testify
shield laws, and legal protection
41 states and D.C. have shield laws, but they vary widely
No federal shield law currently exists
recent federal guidelines (2021)
The Department of justice cannot subpoena a reporter for information unless there are extreme certain circumstances
- when the journalist is involved in criminal activity
-if the information is necessary to prevent death or serious harm
the mark Madden ruling (1998) defined a journalist as someone who:
- engages in investigative reporting
- gathers news
- intends to disseminate news to the public
newsroom searches: law enforcement may search a newsroom if
- the journalist committed a crime related to the material
- immediate seizure is needed to prevent death or harm
subpoenas vs. search warrants
- subpoenas allow journalists time to challenge the request in court
- search warrants are immediate and harder to fight
courts can hold journalist and contempt for what 4 reasons?
- Refusing to comply with subpoenas
- Ignoring court orders.
- Publish content critical of the court.
- Jury tampering.
** Branzburg V Hayes (1972.)
Journalists do not have automatic first amendment right to protect sources in grand jury testimony
** Cohen V Cowell’s Media Co. (1991)
Reporters can be sued under promissory as estoppel if they break confidentiality promises
mark Madden ruling (1998)
Defined who qualifies as a journalist in legal cases
Jim Taricani case (2004)
Investigative journalist sentenced to house arrest for refusing to reveal a confidential source
shield laws
State laws that protect journalist from revealing confidential sources in certain cases
** promissory estoppel
A legal principle that enforces promises if someone reasonably relies on them
Grand jury subpoena
A court order requiring a witness (including journalists) to testify before a grand jury
