Chapter 10: Protection of News Sources

Question 1

What did the Court decide in Branzburg v. Hayes?

Answer 1

• There is no Constitutional Protection for reporters who seek to protect the name of their sources.
• However, the answer will depend on the forum.
• The reporters will never be allowed to protect a source during a grad jury proceeding, sometimes during a criminal trial, and almost always during a civil case.

Question 2

Define promissory estoppel.

Answer 2

A form of civil lawsuit that holds reporters responsible if they give up a confidential source after making a promise to the source to keep their name confidential.

Question 3

What is the Dendrite Test?

Answer 3

• The Dendrite Test covers the ability of a plaintiff to get the sources of anonymous information on the internet (Nameless forum posters)
• Can be done in three conditions:
  1) Was an effort made to notify the poster?
  2) Did the plaintiff identify the defamatory statements
  3) Did the plaintiff provide a prima facia case of action on a libel claim?

Question 4

What is the Collateral Bar Rule?

Answer 4

• It holds that even if the Court issues an unconstitutional order, the person who is the subject of that order still has to follow it.