Section IX

Section IX

Protection of News Sources and the Contempt Power

Constitutional Protection of News Sources

Branzburg vs. Hayes (1972)

lower court rulings

non-confidential information

telephone records

Branzburg vs. Hayes (1972)

Majority Opinion

no First Amendment Protection for journalists to refuse to reveal sources

Dissenting Opinion

Qualified Privilege

probable cause reporter has information

no alternative means

state has compelling interest

Legislative and Executive Protection of Sources

state shield laws

Federal guidelines

news room searches

Options if Served a Subpoena

cooperate - give information

refuse - face contempt

challenge

Ask your company to back you.