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ERIC Number: ED079766
Record Type: RIE
Publication Date: 1973-Aug
Pages: 37
Abstractor: N/A
Reference Count: 0
ISBN: N/A
ISSN: N/A
Compulsory Disclosure by Newsmen: The Implications of the Legal Heritage for the Contemporary Situation.
Eshelman, David
In the almost 100 years of reported litigation pertaining to compulsory disclosure of news sources, the basic pleadings asserted in common law cases have included employer's regulations, professional ethics, self-incrimination, lack of jurisdictional authority, and relevancy. American courts have consistently denied an evidentiary privilege for newsmen under common law. Even with the shift in emphasis to the enactment of state statutes to provide a shield for newsmen, courts have generally upheld the precedent rulings. This controversy can be satisfactorily resolved if Congress will define public policy provisions of the First Amendment by enacting a definitive statute that safeguards the unrestricted flow of information and inhibits use of the subpoena to force disclosure by newsmen of their sources and information. (Relevant primary legal documents reported by January 1973 were the basis of this analysis.) (EE)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (Fort Collins, Colorado, August, 1973)