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Reporters Privilege

Dec 2021

Federal Court Rejects City of Phoenix’s Subpoena of Video from Television Reporter Who Exposed Police Misconduct

Kennison Lay

The judge concluded the city had not satisfied its burden to overcome the station’s qualified First Amendment journalist’s privilege.

Dec 2021

D.C. Federal Court Vindicates Key Arguments for Quashing Subpoenas to the Media in Associated Press Case

Matthew E. Kelley and Leslie Minora

A federal judge has granted a motion to quash by an Associated Press reporter on the basis of reporters’ privilege, rejecting several often-heard arguments from the proponent of the subpoena.

Nov 2019

Espionage Act Prosecutions Against the Press

A collection of resources discussing the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and more.

Jan 2018

Who Qualifies as a Journalist Today for Legal Protections

Judy Endejean

Courts have grappled with treatment of non-traditional speakers, such as bloggers, in a variety of ways in cases dealing with First Amendment issues such as defamation suits, and reporter's privilege.