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Definition
A law that is enforced evenly, across the board. Within First Amendment contexts, it is the idea that the freedom of the press clause does not exempt journalists and news organizations from obeying laws.
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Term
Promissory estoppel
pp 377 |
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Definition
| A legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on, and injury results from the breaking of the promise. |
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Definition
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Reporter's Privelege
pp 361 |
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Definition
| The concept that reporters can keep information such as source identity confidential. The idea is that the reporter-source relationship is similar to doctor-patient and lawyer-client relationships. |
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Term
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Definition
| A written order issued by a judge, directed to a law enforcement officer, authorizing the search and seizure of any property for which there is reason to believe it will serve as evidence in a criminal investigation. |
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Definition
State laws that protect journalists from being found in contempt of court for refusing to reveal a source.
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Term
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Definition
| There is no privilege if (1) there is probable cause to believe that the reporter has information clearly relevant to a specific violation of law, (2) the information sought cannot be obtained by alternative means less destructive of First Amendment values, and (3) that there is a compelling and overriding interest in the information |
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Term
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Definition
| When journalists promise sources that their identities will be kept confidential in exchange for information, the journalists and their employers are legally bound to keep their word. "Freedom of the press" is not a freedom to break the law. Laws that are "generally applicable" pertain to the media. The doctrine ofpromissory estoppel allows for damages to be recovered if a broken promise results in harm. |
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Term
Potential options for journalist protection of confidential sources
pp 371 |
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Definition
Federal court situations:
1 Qualified reporters privilege
State Court Situations:
1 Shield law- but if none then
2 State constitution- if none then
3 Qualified reporters privilege |
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