Reporter's Privilege

Define It!

100

What is reporter's privilege?

The concept that reporters can keep information such as source identity confidential.

200

Define "quash"

To nullify or annul

300

What are shield laws?

State laws that protect journalists from being found in contempt of court for refusing to reveal sources.

400

Define "search warrant"

A written order issued by a judge, directed to a law enforcement officer, authorizing the search and seizure of any property for which there is reason to believe it will serve as evidence in a criminal investigation.

500

What is a promissory estoppel?

A legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from the breaking of the promise.

Branzburg vs. Hayes

100

True or False: The Supreme Court ruling in Branzburg vs. Hayes was a unanimous decision.

False. It was a 5-4 ruling in favor of the government.

200

What is the issue in Branzburg vs. Hayes?

Does a court have the right to subpoena a journalist to testify at a criminal grand jury?

300

True or False: the majority opinion in Branzburg vs. Hayes became the rule of law followed by the courts.

False. The Branzburg test that the courts follow to determine whether or not a journalist must testify came from the dissenting opinion.

400

During what year(s) did the speech occur for this case?

1969 and 1971

500

What is the Branzburg test? (HINT: three parts)

1.) Possession: probable cause to believe that the reporter has information clearly connected to a specific violation of law 2.) No Alternatives: the information sought cannot be obtained by alternative means less destructive of First Amendment values 3.) Relevance: there is a compelling and overriding interest in the information

Shield Laws

100

True or False: A majority of states have shield laws.

True

200

The qualified First Amendment reporter’s privilege, allowing a reporter to refuse to reveal information in a trial, is based on: A.) a law adopted by the U.S. Congress B.) a unanimous Supreme Court decision about a reporter testifying in a kidnapping trial C.) a Supreme Court decision involving a reporter refusing to reveal information in a murder trial D.) a Supreme Court decision in a case requiring reporters to reveal information before grand juries

D.) a Supreme Court decision in a case requiring reporters to reveal information before grand juries

300

To overcome a journalist’s qualified privilege to withhold notes or the names of sources, the government usually has to show: A.) the information sought is clearly relevant B.) no other sources for the information have been contacted C.) there is probable cause a divorce trial will collapse D.) all of the above

A.) the information sought is clearly relevant

400

In states that have adopted shield laws, a judge may: A.) use any state's shield law to determine if a reporter will be required to reveal information, since all shield laws are the same B.) use either the shield law or the qualified First Amendment privilege to determine if a reporter will be required to reveal information C.) use only the state's shield law to determine if a reporter will be required to reveal information D.) not use the shield law unless the reporter is being asked to testify in a civil trial

C.) use only the state's shield law to determine if a reporter will be required to reveal information

500

The qualified First Amendment reporter's privilege against revealing sources or other information is used in: A.) most federal courts and in all states' courts B.) most federal courts and in a minority of states' courts C.) no federal courts, but in all states' courts D.) most federal courts, but in no states' courts

B.) most federal courts and in a minority of states' courts

What if...?

100

A police officer comes into your newsroom with a valid search warrant. The warrant, issued by a judge, says the officer can search your desk and your computer files. You should: A.) object, because warrants for newsroom searches violate journalists' First Amendment rights B.) allow the officer to search your desk and computer files C.) object, because warrants for newsroom searches are prohibited by shield laws D.) agree to allow the search only if you are a party to the case, such as a libel suit

B.) allow the officer to search your desk and computer files

200

You are served a court-issued subpoena to turn over confidential information for a story you published in the New York Times. You must... A.) immediately comply with its demands. B.) be provided with an opportunity to obtain legal counsel and to go to court to ask the judge to quash reject the subpoena

B.) be provided with an opportunity to obtain legal counsel and to go to court to ask the judge to quash the subpoena

300

Sharon is a reporter for the Times, a daily paper. She tells Wally that she will not reveal his name if he gives her important information about a candidate running for governor. Wally gives Sharon the information. Sharon decides the story would be better if she included Wally’s name. The Times publishes Sharon’s story with Wally’s name included. Wally sues Sharon and the Times. Is Wally likely to win or lose the case?

Wally is more likely to win because the First Amendment does not protect journalists who break promises to sources.

400

Sarah is a blogger who published a piece that included anonymous sources. She is subpoenaed by her state government to reveal her sources, even though the state has a shield law. Can Sarah cite the shield law and refuse to testify?

Yes. Even bloggers are protected by shield laws.

500

Roger, director of the City of Midville’s Alcohol Licensing Bureau, was charged with illegally giving Mary, a Midville Gazette reporter, a list of bars under investigation for selling alcohol to minors. That violated the state law requiring that alcohol investigations be kept secret until charges are brought. The Gazette published a story based on the information Mary received. Roger was criminally charged with illegally disclosing information to Mary. He was put on trial. Mary was subpoenaed to testify at the trial. The district attorney asked Mary to tell the jury if Roger gave her information other than what was in her story. If so, such information also might violate the law. Mary refused to answer. The judge held Mary in contempt for refusing to reveal the information. Mary appeals the contempt citation. The state uses the qualified First Amendment privilege. What is the likely outcome? HINT: Remember the Branzburg test

Mary will not be required to testify.

Random

100

Which state was the first to enact a shield law in 1896?

Maryland

200

A contempt of court citation can result in: A.) a jail sentence or fine B.) a jail sentence only C.) a fine only D.) neither a jail sentence nor fine

A.) a jail sentence or fine

300

True or False: Congress passed a federal shield law shortly after the Branzburg Supreme Court ruling.

False

400

True or False: Aside from shield laws, some state courts have ruled that reporter’s privilege is embedded in that state’s constitution.

True

500

True or False: The First Amendment protects journalists from direct government infringement on news gathering by providing reporter's privilege to maintain the confidentiality of news sources.

False