Chapter 10: Protection of News sources/ Contempt power

Reporters far commonly find themselves as defendants in lawsuits, typically a _____ lawsuit.

libel

In the 1972 Branzburg v. Hayes case, the Supreme Court of the United States ruled that there was no privilege under the First Amendment for journalists to _____.

refuse to reveal the names of confidential sources or other information when called to testify before a grand jury

When a reporter or a news organization served with a subpoena cooperates with those who seek the information and reveals the information, the _____ gets damaged.

reporter-source relationship

In the 2008 Convertino v. U.S. Department of Justice, when David Ashenfelter was subpoenaed by Convertino, he invoked the _____ protected by the Fifth Amendment to the U.S. Constitution.

right against self-incrimination

A(n) _______ ________ is a statutory protection that offers reporters some protection against being forced to reveal the identity of confidential sources.

shield law

In a few cases when reporters refused to reveal their source for a libelous story, the court has _____.

stated that no source for the story exists

A(n) _______ is used to force journalists to reveal the name of a news source or to disclose confidential information.

subpoena

A(n) _______, is used to force journalists to reveal the name of a news source or to disclose confidential information.

subpoena

As a kind of corollary to a shield law, the Department of Justice has adopted guidelines that define when and how a federal prosecuting attorney can obtain a subpoena against a working reporter. The revised guidelines, modified in January 2015, permit the attorney general to authorize subpoenaing a journalists' third-party communications only after ensuring that _____.

the government has made all reasonable attempts to obtain information from alternative sources

When deciding whether to force a reporter to testify, a court will ask if _____.

the information is definitely related to the matter before the court

If a journalist receives a subpoena, the first thing to remember is that _____.

the police are not coming to arrest him or her

It is more likely for the court to require the reporter to cooperate if _____.

the reporter is a party in the lawsuit

How rigorously the judge has to apply the three-question test to decide whether to force the reporter to testify depends on _____.

the reporter's relationship to the lawsuit

In O'Grady v. Superior Court, a California appellate court ruled that the Web sites (or the two Web sites) differed from traditional news periodicals only in _____.

their tendency to continuously update content

One of the three questions that a court will ask when deciding to force a reporter to testify in a civil suit is whether _____.

there is an alternative source for the information

Journalists must reveal the names of confidential sources if _____.

they are subpoenaed to do so by a grand jury

Reporters are obliged to protect the identity of their source because _____.

they could be sued for breaking their promise of confidentiality to the source

Going to court to have a subpoena withdrawn or attacking a subpoena in court is _____.

time-consuming

Aspiring journalists need to be aware that they have to _____ or be held in contempt.

turn over their notes, photographs and videotapes if ordered to do so by a judge

When a reporter refuses to disclose information, government agents may get a(n) ______ to search a newsroom or a reporter's home to find the information they want.

warrant

When a reporter refuses to disclose information, government agents may get a(n) _______ to search a newsroom or a reporter's home to find the information they want.

warrant

During libel lawsuits, the plaintiff seeks to know _____.

where the reporter got the information to publish the libelous story

Identify the situations that would result in contempt problems for the press. (Check all that apply.)

-A reporter fails to obey the court order not to take photos in the courtroom. -A reporter refuses to testify in court or before a grand jury.

Which of the following are stated in the January 2015 revisions to the guidelines that define when and how a federal prosecuting attorney can obtain a subpoena against a working reporter? (Check all that apply.)

-Subpoenas to seek information from journalists are "extraordinary measures, not standard investigatory practices." -Before granting the subpoena, the Justice Department should first negotiate with the news media in an attempt to gain information from journalists.

Identify a true statement about how journalists should handle subpoenas.

A journalist should not attempt to avoid being served with a subpoena.

Identify an individual who can be held in contempt of court.

A news editor who criticizes a judge during a criminal trial

Identify the situation which is most likely to result in the press being charged with a contempt citation by a court.

A reporter failing to pay a judgment in a libel or invasion-of-privacy case

Identify a best practice a journalist should follow when making a promise of confidentiality to the source.

Consider whether the confidentiality agreement is necessary to get such a story.

The ruling held by Judge Cleland in 2009 deposition of Convertino v. U.S. Constitution that asserted the defendant's _____ right against self-incrimination was hailed as a victory of freedom of the press.

Fifth Amendment

Journalists who refuse to comply with subpoenas or court orders to identify confidential sources are forced to turn to _____ privileges to ward off contempt orders, jail sentences, and monetary fines.

First Amendment

On July 1, 2013, the state shield law of _____ lapsed as law makers failed to renew the law. There had been a provision that allowed it to expire in five years after its adoption.

Hawaii

According to the California appellate court ruling in O'Grady v. Superior Court, blogs are entitled to First Amendment and Shield law protections as long as they _____.

gather, select, and prepare news content to inform public about current events

Most federal courts have limited the Branzburg ruling to apply only to _____ settings.

grand jury

Courts are least likely to recognize the right of a journalist to refuse to testify in a _____.

grand jury proceeding

Qualified privilege that protects nonconfidential information from disclosure _____.

has only a limited scope

Courts are most likely to recognize the right of a journalist to refuse to testify _____.

in a civil action

In the context of journalists using confidential sources, the defendant involved in the earliest reported case of a journalist's refusal to disclose his sources was _____.

jailed and denied a petition for release

In 1896, _____ became the first state to grant journalists a limited privilege to refuse to testify in legal proceedings.

Maryland

The _____ _____ ____ requires that all court orders, even those that appear to be unconstitutional and are later deemed to be unconstitutional by an appellate court, must still be obeyed until they are overturned.

collateral bar rule

Phil is a journalist who is being served with a subpoena for breaching a promise of confidentiality. Which of the following actions should Phil take in this situation?

Phil should accept the subpoena and inform the news director of his organization immediately.

Identify a true consequence that journalists generally face when they refuse to turn over their notes, photographs or videotapes related to a confidential source.

They have to pay a steep monetary fine for refusing to turn over their notes after being ordered by a judge

True or false: The collateral bar rule states that a person who violates a court order can collaterally challenge the order's constitutionality as a defense to the contempt charge.

This is false. The collateral bar rule states that a person who violates a court order cannot collaterally challenge the order's constitutionality as a defense to the contempt charge.

True or false: The existence of a shield law in a state and the recognition of a court-created First Amendment privilege guarantees that a journalist will get off the hook for not revealing the identity of confidential sources.

This is false. The mere existence of a shield law in a journalist's state or the recognition of a court-created First Amendment privilege does not guarantee that he or she will get off the legal hook.

Shield laws are statutes, adopted by state legislative bodies, except in the case of _____, in which that state's high court in 2008 approved and adopted a reporter's shield rule governing all court proceedings in that state.

Utah

Except for _____, appellate courts in the states that do not have shield laws have recognized various kinds of constitutional and/or common-law testimonial privileges for reporters.

Wyoming

Media persons who run afoul of judicial orders or the commands of legislative committees can quickly feel the sharp sting of a(n) _____.

contempt citation

A reporter who refuses to obey a court order and give the plaintiff critical information in a libel suit faces a _______ ______ ______charge and potentially a fine and a jail sentence.

contempt of court

In 1991, a five-justice majority of the U.S. Supreme Court held in Cohen v. Cowles Media, Inc. that the First Amendment does not prevent a lawsuit against a journalist who _____.

breaches a promise of confidentiality to a source when the source suffers direct harm from reliance on the breached promise

Journalists who refuse to reveal the names of confidential sources if they have been subpoenaed to do so _____.

can be held in contempt of court

The three different kinds of court proceedings to which a reporter could be called to testify are _____.

a civil lawsuit, a criminal case, or a grand jury

A journalist should discuss the matter of a promise of confidentiality with a _____ before agreeing to keep the name of a source confidential.

news director

According to the 9th U.S. Circuit Court of Appeals, a photo journalist or a video journalist does not have the First Amendment privilege against disclosure of information when the recorded information or activity _____.

occurred entirely in public

Journalists could be sued on the basis of promissory estoppel if they _____.

print the source's name in the newspaper after promising confidentiality

If a journalist breaches a promise of confidentiality given to a source by revealing and disclosing that source's name in court to a grand jury, the journalist can be sued by that source for monetary damages on a theory known as _____.

promissory estoppel

The earliest reported case of a journalist's refusal to disclose his sources of information took place in 1848 when a reporter for the New York Herald refused to reveal to the United States Senate the source who had _____.

provided a copy of the treaty the U.S was negotiating to end the Mexican-American War