Explain why the Supreme Court’s ruling in Branzburg v. Hayes prompted states to adopt shield laws.
What will be an ideal response?
Answers should include the following points: (1) The decision failing to find either a First Amendment or common law privilege to protect journalists from the obligation to testify was narrow and related only to journalists being subpoenaed to testify before grand juries. (2) The opinion did not clearly guide the determination of privilege in other contexts. (3) One concurring opinion and the dissenting opinions suggested that the Court might consider the existence of a reporter’s privilege outside of grand jury proceedings. (4) The decision could be interpreted as rejecting the existence of reporter’s privilege. Therefore, only shield laws could protect reporters’ sources, process, and work product.
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Fill in the blank(s) with correct word
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