NCJ Number
19200
Date Published
1975
Length
20 pages
Annotation
A PANEL DISCUSSION TRANSCRIPT DEALING WITH THE PROPRIETY AND CURRENT STATUS OF FEDERAL LEGISLATION TO SHIELD NEWSMEN FROM BEING FORCED TO REVEAL THE SOURCES OF INFORMATION GIVEN TO THEM UNDER COLOR OF THEIR POSITIONS.
Abstract
SHOULD THE SAME PRIVILEGE THAT APPLIES TO COMMUNICATIONS WITH A LAWYER, A DOCTOR, A CLERGYMAN, OR A SPOUSE BE EXTENDED TO NEWSMEN? NOT SO, STATES ONE OF THE PANELISTS BECAUSE THE STRUCTURE OF THE PROBLEMS AS IT CONCERNS NEWSMEN IS RADICALLY DIFFERENT FROM OTHER PRIVILEGED COMMUNICATIONS. IN THOSE CASES, THE IDENTITY OF THE INFORMANT IS KNOWN WHILE THE INFORMATION IS WITHHELD. IN THE CASE OF THE NEWSMAN, THE IDENTITY OF THE FORMANT IS WITHHELD BUT THE INFORMATION IS PUBLICLY DISSEMINATED, THUS DENYING THE SIXTH AMENDMENT RIGHTS OF A DEFENDANT IN A CRIMINAL TRIAL TO CONFRONT THE WITNESSES AGAINST HIM AND TO SUBPOENA WITNESSES IN HIS FAVOR. THIS IS ONE OF THE ARGUMENTS AGAINST THE ADOPTION OF A FEDERAL LAW THAT WOULD SHIELD JOURNALISTS FROM SUBPOENAS TO TESTIFY AS TO THE IDENTITY OF THEIR SOURCES. THE ARGUMENTS FOR SHIELD LAW INCLUDE THE POSSIBILITY THAT NEWS MAY BE WITHHELD FROM THE PUBLIC BY NEWSMEN WHO FEEL THREATENED BY A PROSPECTIVE SUBPOENA AS WELL AS THE GREAT EXPENSE FOR LEGAL REPRESENTATION NECESSARY TO QUASH THE SUBPOENA AND KEEP THE NEWSMAN OUT OF JAIL. ANOTHER PANELIST IS A LAWYER WHO HAS BEEN ACTIVE IN THIS TYPE OF FIRST AMENDMENT CASES DEALING WITH NEWSMEN'S PRIVILEGE. HE DISCUSSES THE PROBLEMS OF DEFENDING NEWSMEN WHO HAVE BEEN SERVED SUBPOENAS, AS WELL AS EFFECTIVE TACTICS TO EMPLOY IN THEIR DEFENSE. ONE OF THE MOST EFFECTIVE OF THESE TACTICS IS TO EXPLAIN TO THE LAWYER WHO SERVED THE SUBPOENA THAT HE WILL NEVER GET THE TESTIMONY HE IS AFTER - THE ONLY QUESTION BEING WHETHER THE REPORTER IS JAILED. PRECEDING THE PANELISTS'S REMARKS, THE DISCUSSION MODERATOR SUMMARIZES THE PRINCIPLE SUPREME COURT DECISIONS IN THIS AREA AND DISCUSSES THE STATUS OF FEDERAL LEGISLATIVE EFFORTS TO ENACT A SHIELD LAW. (SNI ABSTRACT)