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Reporter’s Privilege

Reporter’s Privilege. Communication Law & Regulation. REPORTER’S PRIVILEGE. Privileged vs. Non-privileged relationships Traditionally, Journalist-Source NOT privileged Should there be a reporter’s privilege?. REPORTER’S PRIVILEGE.

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Reporter’s Privilege

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  1. Reporter’s Privilege Communication Law & Regulation

  2. REPORTER’S PRIVILEGE • Privileged vs. Non-privileged relationships • Traditionally, Journalist-Source NOT privileged • Should there be a reporter’s privilege?

  3. REPORTER’S PRIVILEGE • Plunkett v. Hamilton (1911): duty to testify in order to obtain truth • **Branzburg v. Hayes (1972): cannot use 1st Amendment to protect sources • Vaughn v. Georgia (1988): sources in criminal cases • Howard v. Savannah College of Art & Design (1989): sources in civil cases

  4. Georgia’s Shield Law (1990)O.C.G.A. 24-9-30 • “Any person, company or other entity engaged in the gathering or dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought: 1) is material and relevant; 2) cannot be reasonably obtained by alternatives means, AND 3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document or item.”

  5. REPORTER’S PRIVILEGE • Atlanta Journal-Constitution v. Jewell (2001): balancing test

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