Friday, February 1, 2008

Journalists' sources and free speech

Does a government subpoena issued to a journalist to demand that he turn over the name of a source restrict free speech? How would New York Times v US (Pentagon Papers case) affect your answer in this particular national security related case?

3 comments:

Samuel Chase said...

I would say this situation is consistent with the ruling in New York Times v US that said what is merely embarrassing for the administration is not necessarily an issue of national security. Therefore would be ruled as protected speech. The judge of this particular case also needs to consider the chilling effect this would have on any anonymous sources.

jcmiller said...
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jcmiller said...

i believe that it depends on the nature of the information coming from a particular source. There is a difference between information that is embarassing and national security secrets that if released could damage the U.S.