In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court ruled that
freedom of press
What is the full citation of the US Supreme Court decision about reporter’s privilege?
The sources of the reporter’s privilege
Hayes, 408 U.S. 665 (1972). Justice Byron White, joined by three other justices, wrote the opinion for the Court,
holding that the First Amendment does not protect a journalist who has actually witnessed criminal activity from revealing his or her information to a grand jury.
Who won the Branzburg vs Hayes case?
Hayes
, 408 U.S. 665 (1972), was a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972 and decided June 29 of the same year. The reporters lost their case by a vote of 5-4.
Why was branzburg intent on quashing a subpoena before the grand jury?
Subpoenaed to appear before a Franklin County grand jury ‘
to testify in the matter of violation of statutes concerning use and sale of drugs
,’ petitioner Branzburg moved to quash the summons;5 the motion was denied, although an order was issued protecting Branzburg from revealing ‘confidential associations, sources or …
What happened to Paul Lewis Hayes?
Hayes was convicted at trial
, and the court imposed the life sentence that the Habitual Criminal Act demanded. In Bordenkircher v Hayes, the United States Supreme Court upheld the penalty that Hayes had incurred by exercising his Sixth Amendment right.
What was the Supreme Court’s decision in the Branzburg v Hayes case?
In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court ruled
that freedom of press did not create a constitutional privilege protecting reporters from having to testify in grand jury proceedings about the identity of news sources
or information received in confidence.
What is the definition of journalistic privilege?
In terms of the dictionary definition and literature on media law, the t. ‘journalistic privilege’ is generally defined as the ‘
right of a journalist to ref
.
to disclose confidential sources of information or, in some instances, the
.
information itself
.
What has the Supreme Court said about a reporter’s right to refuse to testify before a grand jury?
The First Amendment
. The US Supreme Court ruled in 1972, in the landmark case Branzburg v. Hayes, that the First Amendment doesn’t allow a journalist who has witnessed criminal activity to refuse to testify about it before a grand jury.
Can a journalist be forced to reveal confidential sources?
The idea behind reporter’s privilege is that
journalists have a limited First Amendment right not to be forced
to reveal information or confidential news sources in court. … Journalists rely on confidential sources to write stories that deal with matters of legitimate public importance.
Do journalists have special rights?
The First Amendment protects both the freedom of speech and the freedom of the press. Journalists have
a right to access public places to gather and disseminate news
. … In either case, journalists may be provided access similar to the general public.
What states have shield laws?
- Alabama. Alabama’s shield law provides an absolute privilege to journalists working in the fields specified by the statute. …
- Alaska. …
- Arizona. …
- Arkansas. …
- California. …
- Colorado. …
- Connecticut. …
- Delaware.
Can an attorney issue a subpoena in Texas?
A subpoena may be issued by the clerk of the justice court or
an attorney authorized to practice
in the State of Texas, as an officer of the court.
What Does a shield law do?
Shield laws are statutes that
provide journalists either an absolute or qualified privilege to refuse to disclose sources used or information obtained in the course of news gathering
.
What was the holding in the Bordenkircher v Hayes 1978 case?
Hayes, 434 U.S. 357 (1978) The threat of prosecution under a recidivist statute is a permissible tactic for a prosecutor to use during plea bargaining. Following two prior felony convictions, Hayes was charged with a
third felony consisting of forgery
.
What was Bordenkircher v Hayes?
In Bordenkircher v. Hayes, the United States Supreme Court
upheld a conviction on a charge the prosecutor admittedly filed solely
because the defendant refused to plead guilty to another set of charges.
What is the importance of Boykin v Alabama?
A defendant who
enters a guilty plea simultaneously waives several constitutional rights
, including his privilege against compulsory self-incrimination, his right to trial by jury, and his right to confront his accusers.
