mass comm 3080

mass comm 3080 - Study Guide 8 Please be prepared to define...

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Study Guide 8 Please be prepared to define and apply the following: 1. Under which conditions can the government can overcome the journalist’s privilege? (1) There must be “probable cause to believe that the newsman has information that is clearly relevant to a specific probable violation of law”; (2) there must be evidence that “the information sought cannot be obtained by alternative means less destructive of First Amendment rights”; and (3) there must be a “compelling and overriding interest in the information.” 2. What is a subpoena? A command, backed by legal authority, to appear at a designated time and place to give testimony that is deemed relevant to a legal proceeding. A subpoena duces tecum commands a person to turn over stipulated notes, photographs, videotape, or other documentary evidence. 3. What is the Qualified First Amendment Privilege? A reporter’s right to not divulge confidential information. In Louisiana, it does not apply when they witness criminal activity. 4. What is the three-part test that Justice Stewart set out in his dissent in Branzburg v. Hayes? How does that privilege operate? (1) There is a probable cause to believe the reporter has information that is clearly relevant to a probable crime and (2) the information cannot be obtained by alternative means less destructive of First Amendment rights and (3) there is a compelling and overriding interest in the information. The strength of the protection afforded to journalists under the qualified First Amendment Privilege varies according to three factors: (1) the type of proceeding in which a journalist is subpoenaed to testify, (2) the type of information a journalist is asked to divulge and (3) whether the person ordered to testify is a journalist. 5. How is the privilege applied to grand jury subpoenas, testimony in civil or criminal trials? It does not apply in a Grand jury or other criminal court proceeding when a journalist was an eyewitness to illegal activity. It is not likely to apply in a Grand jury or other criminal court proceeding when a journalist was told about illegal activity by a source under the promise of confidentiality. It is likely to apply in civil proceedings when the journalist received the information from documents, records or another source from which the information could be obtained. 6.
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mass comm 3080 - Study Guide 8 Please be prepared to define...

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