[20061003]RS22205_记者特权：法律和第109届国会立法概述.pdf

1 Branzburg v. Hayes, 408 U.S. 665, 679-680 (1972).2 Id. at 680.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22205Updated October 3, 2006Journalists Privilege: Overview of the Lawand 109th Congress LegislationHenry CohenLegislative AttorneyAmerican Law DivisionSummaryJournalists, the Supreme Court has written, claim “that to gather news it is oftennecessary to agree either not to identify the source of information published or to publishonly part of the facts revealed, or both; that if the reporter is nevertheless forced toreveal these confidences to a grand jury the source so identified and other confidentialsources of other reporters will be measurably deterred from furnishing publishableinformation, all to the detriment of the free flow of information protected by the FirstAmendment.”1 Though the Supreme Court concluded that the First Amendment doesnot provide a journalists privilege, 49 states have adopted a journalists privilege, andbills to adopt a journalists privilege have been introduced in the 109th Congress, 1stsession, in both the House and the Senate (S. 1419 and H.R. 3323). In addition, S. 2831wa