ERIC Number: ED236610
Record Type: RIE
Publication Date: 1983-Aug-7
Reference Count: 0
Your Photos Or Mine: An Examination of the Laws Governing Warranted Searches and Subpoenas for the Photojournalist's Work Product.
Sherer, Michael D.
Noting that there are no easy answers when a photojournalist is subjected to a legal request for his or her work products from governmental officials, this paper examines how state and federal laws and court decisions have both enhanced and inhibited a photojournalist's right to protect negatives, photographs, films, and videotapes from government requests. The first section of the paper discusses warranted searches for news photographs, First Amendment protections against newsroom searches, shield law protection against searches, and statutory protection against newsroom searches. The second section discusses the subpoena of news photography by governmental officials. Specific topics covered include the Supreme Court's commentary in "Branzburg v. Hayes," Court decisions rejecting First Amendment protection, statutory protection for confidential information, and the limits of state shield laws. The paper concludes that while no newsroom or darkroom is likely to be the object of a warranted search, photojournalists should be aware of the possible exceptions to the general prohibition on warranted searches. (FL)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication (66th, Corvallis, OR, August 6-9, 1983).