Posted on 11/16/2018 6:20:07 PM PST by Jonty30
This case appears to be the most succinct in defining the issue. A reporter wanted to be exempt from subpoena.
Branzburg v Hayes (1972)
https://www.law.cornell.edu/supremecourt/text/408/665
Here’s a couple of comments that stand out:
“Until now, the only testimonial privilege for unofficial witnesses that is rooted in the Federal Constitution is the Fifth Amendment privilege against compelled self-incrimination. We are asked to create another by interpreting the First Amendment to grant newsmen a testimonial privilege that other citizens do not enjoy. This we decline to do.”
“We are unwilling to embark the judiciary on a long and difficult journey to such an uncertain destination. The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of a high order. Sooner or later, it would be necessary to define those categories of newsmen who qualified for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.”
Freedom of the Press is not an individual freedom...it doesn’t give specific individuals special rights because they are employed by the press - else, we all have our 1st Amendment rights trod upon because we don’t have passes to attend the pressers.
The “free press” is a restriction on government - just like religious freedom and free speech restrict government power.
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