53 or "The Sotto Law" has been the journalist's privilege
statute which ensures that s/he can refuse to reveal the source of a confidential news report or information except when the court or a Committee of Congress finds that the revelation is demanded by the security of the State.
Fargo, The Year of Leaking Dangerously: Shadowy Sources, Jailed Journalists, and the Uncertain Future of the Federal Journalist's Privilege
, 14 WM.
1993) ("Accordingly, we hold that the journalist's privilege
applies to a journalist's resource materials even in the absence of the element of confidentiality.
free press, anonymous sources and the journalist's privilege
, copyright, access to government documents and meetings, broadcast regulation and indecency, and the case Citizens United v.
1993) ("[T]he critical question for deciding whether a person may invoke the journalist's privilege
is whether she is gathering news for dissemination to the public."); von Bulow v.
How Rule 501 Could Solve the Journalist's Privilege
the "press privilege" or "journalist's privilege
") and that this obviated any obligation that he provide the footage.
The court affirmed the district court's order, finding that a journalist's privilege
is "both limited and qualified, and is especially hedged about in grand jury proceedings." (90) The obligation to testify before a grand jury is a generally applicable law that members of the media cannot evade.
and without the press, neither can our democracy." (109) With a privilege statute in Massachusetts, courts could avoid haphazard application of a journalist's privilege
and promote the continued and potentially expanded use of confidential sources in the Commonwealth.
The premier issue includes articles on: international and comparative law on the journalist's privilege
; legal system inconsistencies for Internet publishers; national censorship laws; globalization of media and media law; entertainment law in a global environment; and practicing international entertainment law.
The Article applies these insights to a variety of legal issues, including the journalist's privilege
, election laws, defamation and licensing laws, media ownership restrictions, copyright laws, and vicarious liability.
The public will jettison the journalist's privilege
in a heartbeat if it seems expedient or necessary to serve some "higher" public interest.