NCJ Number
17684
Journal
Tulane Law Review Volume: 47 Issue: 4 Dated: (JUNE 1973) Pages: 1184-1201
Date Published
1973
Length
18 pages
Annotation
IN BRANZBURG V. HAYES (1972), THE SUPREME COURT HELD THAT CONSTITUTIONAL TESTIMONIAL PRIVILEGE DOES NOT ARISE FROM A NEWSMAN'S PROMISE TO CONCEAL HIS SOURCES.
Abstract
THE COURT ALSO RULED THAT FREEDOM OF PRESS IS NOT CIRCUMSCRIBED BY REQUIRING A NEWSMAN TO TESTIFY BEFORE INVESTIGATORY AGENCIES OF THE GOVERNMENT. THIS COMMENT DISCUSSES THIS AND OTHER COURT DECISIONS RELATING TO THE NEWSMAN'S FIRST AMENDMENT PRIVILEGE. THE AUTHOR CONTENDS THAT THE BRANZBURG DECISION REPRESENTS A RESTRICTIVE APPROACH TO THE FREEDOM OF THE PRESS SINCE IT IGNORES THE UNDERLYING IMPORTANCE OF THE FREE FLOW OF INFORMATION.