Branzburg v. Hayes, Confidentiality, and Shield Laws
– What did the court decide in Branzburg v. Hayes regarding a journalist’s right to withhold confidential sources?
– How have lower courts interpreted the Branzburg v. Hayes decision based on whether the cases involved civil, criminal, or grand jury proceedings?
– Summarize the approach journalists should take pertaining to promising confidentiality to sources.
– What advice should journalists give to sources who demand confidentiality?
– What protections do shield laws provide, if any, in addition to federal constitutional protections supporting nondisclosure of news sources?