Breaking News: Reporter’s Privilege Claim Rejected by Fourth Circuit
From the majority:
“There is no First Amendmenttestimonial privilege, absolute or qualified, that protects a reporter frombeing compelled to testify by the prosecution or the defense in criminalproceedings about criminal conduct that the reporter personally witnessed orparticipated in, absent a showing of bad faith, harassment, or other suchnon-legitimate motive, even though the reporter promised confidentiality to hissource.”
“we hold that there is no FirstAmendment or federal common-law privilege that protects Risen from having torespond to the government’s subpoena and give what evidence he has of thecriminal conduct at issue”
From the dissent:
“The majority reads narrowly the law governing theprotection of a reporter from revealing his sources, a decision that is, in myview, contrary to the will and wisdom of our Founders.”
More coverage here
UPDATE and at Prawfsblog here
Next stop Supreme Court?
– JB