What is the Branzburg test?
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.
Was Branzburg v Hayes overturned?
However, the California case was reversed, and the government could be able to procure the journalist’s testimony before a grand jury and ask the journalist questions about the identity of sources.
Who was Paul Branzburg?
Three reporters who refused to name their sources to grand juries led to the Supreme Court’s landmark decision. Paul Branzburg, a reporter for The Courier-Journal in Louisville, Ky., wrote a story in 1969 describing how he watched two people make hashish from marijuana.
Why was branzburg intent on quashing the 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 …
Who won the Branzburg vs Hayes case?
Decision. In a fiercely-split decision, the Court ruled 5-4 against the existence of reportorial privilege in the Press Clause of the First Amendment.
Does Pennsylvania have a reporter shield law?
The Pennsylvania Shield Law and the First Amendment reporter’s privilege provide broad protections to reporters in Pennsylvania who are subpoenaed for their notes, documents, or testimony. The Shield Law is an absolute privilege that precludes the compelled disclosure of confidential source information.
What states have shield laws?
State shield statutes & leading cases
- 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.
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. The Constitution told Paul Hayes that he had a right to jury trial.
What state has no shield law?
Idaho has no shield law but does recognize a qualified privilege. Though not stated specifically, the privilege appears to apply to confidential information.
Who is protected by PA shield laws?
The Pennsylvania shield law applies to individuals working in a news-related capacity (“gathering, procuring, compiling, editing or publishing”) for a “any newspaper of general circulation or any press association or any radio or television station, or any magazine of general circulation.” The law only applies to those …
Are shields illegal?
Currently, the U.S. federal government has not enacted any national shield laws, but most of the 50 states do have shield laws or other protections for reporters in place.
Who won the Bordenkircher v Hayes?
The U.S. Supreme Court found that Hayes was properly chargeable under the recidivist statute because he had two, prior, felony convictions. It was up to the prosecutor to determine what charges to file, within the limits of the recidivist statute, and then present them to the jury.