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Confidentiality: The Reporter’s Privilege

Confidentiality: The Reporter’s Privilege. Confidentiality. Branzburg v. Hayes 408 U.S. 665. No absolute privilege for reports BUT Some limited privilege in 1. Plurality allowed that news reporting had some 1st Amendment protections 2. Powell (concurring): No alternative

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Confidentiality: The Reporter’s Privilege

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  1. Confidentiality: The Reporter’s Privilege

  2. Confidentiality Branzburg v. Hayes 408 U.S. 665 No absolute privilege for reports BUT Some limited privilege in 1. Plurality allowed that news reporting had some 1st Amendment protections 2. Powell (concurring): No alternative 3. The Dissent

  3. Confidentiality Branzburg v. Hayes 408 U.S. 665 The Dissent (Stewart) 1. Probable cause: Reporter has specific information 2. No alternative 3. The state has a“compelling and overriding interest”

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