Free Flow of Information Act of 2007: Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, First Session, on H.R. 2102, June 14, 2007, Opseg 4U.S. Government Printing Office, 2007 - Broj stranica: 106 |
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actual harm amendment anonymous Attorney balance BALCO bill BOUCHER BRAND Branzburg chilling effect classified information COBLE Committee compelled disclosure concern confidential sources Congress Congressman covered person crime Department of Justice Department's disclose ELIASON Ellerman ELLISON evidence federal courts Federal law federal reporter's privilege federal shield federal shield law flow of information Free Flow freedom Government grand jury Grand Jury Subpoena happen harm to national held in contempt identify illegal imminent and actual important Information Act Internet ISSA issue Jim Taricani journalism journalists judge Judiciary Judith Miller June 13 Justice Department law enforcement leaks of classified legislation LEVINE litigation matter nalists national security newspaper Pence prevent imminent prison privilege law prosecution protect public interest recognize refusing reporter's privilege reveal SAFIRE shield law sixth amendment source's identity statute steroids story subpoenas Supreme Court talk Taricani testify Thank tion trade secrets Wen Ho Lee
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Stranica 26 - They are decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility and which has long been held to belong in the domain of political power not subject to judicial intrusion or inquiry.
Stranica 50 - Congress has freedom to determine whether a statutory newsman's privilege is necessary and desirable and to fashion standards and rules as narrow or broad as deemed necessary to deal with the evil discerned and, equally important, to refashion those rules as experience from time to time may dictate.
Stranica 22 - On the records now before us, we perceive no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings is insufficient to override the consequential, but uncertain, burden on news gathering that is said to result from insisting that reporters, like other citizens, respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial.
Stranica 26 - But be that as it may, it is clear to me that it is the constitutional duty of the Executive — as a matter of sovereign prerogative and not as a matter of law as the courts know law — through the promulgation and enforcement of executive regulations, to protect the confidentiality necessary to carry out its responsibilities in the fields of international relations and national defense.
Stranica 22 - Fair and effective law enforcement aimed at providing security for the person and property of the individual is a fundamental function of government, and the grand jury plays an important, constitutionally mandated role in this process. On the records now before us, we perceive no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings is insufficient to override the consequential, but uncertain, burden on news...
Stranica 33 - At the federal level, Congress has freedom to determine whether a statutory newsman's privilege is necessary and desirable...
Stranica 46 - Even the Federalist Papers, written in favor of the adoption of our Constitution, were published under fictitious names. It is plain that anonymity has sometimes been assumed for the most constructive purposes.
Stranica 21 - The available data indicates that some newsmen rely a great deal on confidential sources and that some informants are particularly sensitive to the threat of exposure and may be silenced if it is held by this Court that, ordinarily, newsmen must testify pursuant to subpoenas, but the evidence fails to demonstrate that there would be a significant constriction of the flow of news to the public if this Court reaffirms the prior common law and constitutional rule regarding the testimonial obligations...
Stranica 21 - It would be difficult to canvass the views of the informants themselves; surveys of reporters on this topic are chiefly opinions of predicted informant behavior and must be viewed in the light of the professional self-interest of the interviewees.
Stranica 49 - ... test" will necessarily enable courts to decide questions such as this with mathematical precision. But if the purpose of the attorney-client privilege is to be served, the attorney and client must be able to predict with some degree of certainty whether particular discussions will be protected. An uncertain privilege, or one which purports to be certain but results in widely varying applications by the courts, is little better than no privilege at all.