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Selected Reading
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From the July 2005 Judiciary Committee hearing: The absence of federal legislation protecting
sources has created extraordinary chaos, limiting the public’s access to important
information that is so necessary in a democratic society. The Supreme Court’s
sharply divided decision 33 years ago in Branzburg v. Hayes, 408 U.S. 665
(1972), has mystified courts, lawyers and journalists alike. As a result, the federal
courts are in a state of utter disarray about whether a reporter’s privilege
protecting confidential sources exists. The conflicting legal standards throughout
the federal courts defeat the nearly unanimous policies of the States in this area.
This uncertainty chills essential newsgathering and reporting. It also leads to
confusion by sources and reporters, and the threat of jail and other harsh penalties
for reporters who do not know what promises they can make to their sources. |
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