You represent a famous journalist who has been incarcerated for failure to disclose a confidential source to a prosecutor working on a murder case in your town. The prosecutor insists she needs all available information to convict a loathsome murderer. How would you argue to the judge that your client should not be imprisoned?
What will be an ideal response?
Freedom of the press is important for a free society, but criminals must be prosecuted. The court needs to balance the interests of the journalist with the need to support law enforcement. There is a clear tension between the constitutional right of the journalist and law enforcement desires. It is important for the student to recognize that the journalist has a right that must be respected and should not be casually infringed upon merely to improve the case of the prosecutor. Unless the information is relevant and crucial to the prosecution, the student should argue to the judge that the journalist has a right worth protecting under the Constitution.
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What will be an ideal response?
The case that established the precedent for when the police can use deadly force was:
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