| A | B |
|---|
| Why Josh Wolf was jailed | ●Freelance blogger Josh Wolf spent 226 days in jail in 2006-07 for refusing, in face of a subpoena, to turn over unaired video he made of demonstration in SF that damaged police car |
| Why Judith Miller was jailed | Judith Miller, jailed for contempt for (initially) failing to reveal name of CIA operative who was source of story about Iraq's WMD |
| Why Jana Winter was subpoenaed, her response, and the court rulings that led to resolution of the subpoena issue | ○After Colorado theater shooting, White gave exclusive report that James Holmes sent package to his psychiatrist -- prior to shooting -- with details and images about how he was going to kill people ○Jana Winter is based in New York, collected information from law enforcement sources in Colorado ○Defense attorneys claimed violation of gag order, asked judge to find the leaker; questioning of law enforcement got no names |
| What does the 6th Amendment guarantee? | ●right of the defendant to compel testimony on his or her behalf ● the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation. |
| What is reporter's privilege? | ●Courts have refused to extend a reporter's privilege when confidential information is requested by a special prosecutor |
| Are there any qualifications to reporter's privilege? | under common law and First Amendment |
| What is promissory estoppel? | The legal theory on which the plaintiff in Cohen v. Cowles Media prevailed after journalists breached promises of confidentiality to him ○The theory allows courts to enforce promises, even though there is no legally binding contract, in order to avoid injustice ○Promissory estoppel is construct in the law of equity; judge has discretion on whether to apply it |
| How can a plaintiff prevail in a promissory estoppel case? | the plaintiff in Cohen v. Cowles Media prevailed after journalists breached promises of confidentiality to him |
| The significance of Branzburg v. Hayes (1972) | ●Consolidated cases including two involving reporters interviewing Black Panthers, and one with Branzburg, reporter in Louisville who refused to give information to grand jury about illegal drug use and sales, citing promises of confidentiality ■Branzburg argued that First Amendment free press clause gave him right not to testify |
| the elements of who is considered a journalist, established in In re Madden (1998) | ■This court defined a journalist as someone who: ■Is engaged in investigative reporting ■Is gathering news; and ■Possesses the intent at the beginning of the news-gathering process to disseminate this news to the public ●Whether bloggers will be treated as journalists is unresolved issue |
| What are shield laws? Do all states have them? | ●Congress is currently considering legislation that would establish a federal shield law ●Virtually every state has some protection for reporters ●31 states now have "shield laws" that provide varying degrees of protection to journalists who seek to keep confidential sources and information |
| Does Georgia have a shield law? | Virtually every state has some protection for reporters |
| Is there a federal shield law? | Congress is currently considering legislation that would establish a federal shield law |
| How have the lower court rulings in recent years changed from the ruling in Branzburg v. Hayes? | ○Probable cause exists to believe that reporter has information clearly relevant to violation of law ○Information cannot be obtained by alternative means less destructive to First Amendment ○The state has a compelling and overriding interest in the information |
