News Gathering: News Reporting

(Complete legal authorities and analysis in The CalAware Guide to Journalism Law in California)

Laws or Court Orders Prohibiting Publication

Shutting Down the Media for What They Publish
Banning Publication of Leaked Government Secrets
Banning Publication of Information to Assure a Fair Trial
Publication Ban to Protect Attorney-Client Confidences Upheld
Publication Ban to Protect Attorney-Client Confidences Denied

Laws or Court Orders Compelling Publication

“Equal Space” Statute Benefiting Criticized Candidates
Order to Include Minority Candidate in Televised Debate
Refusal to Include Senior Citizen Caller in Radio Talk Show

Liability for Publishing Truth/Opinion on Important Issues

Editorial Criticism of Court’s Handling of Pending Case
Broadcast of Rape Victim’s Name Shown in Court Records
Publication of Rape Victim’s Name Shown in Police Records
Publication of Information Leaked from Judicial Fitness Body
Publication of Juvenile Offender’s Name Contrary to Law
Broadcast of Wrongfully Intercepted Phone Conversation

Searches for Journalists’ Unpublished Information

No First Amendment Protection
California Statutory Protection
Federal Statutory Protection

Subpoenas for Journalists’ Confidential Sources

Express Protection under the California Constitution
Applicable to Internet “Periodical” Journalism Sites

Civil Discovery for Journalists’ Confidential Sources

Qualified Protection under the California Constitution

Subpoenas and Civil Discovery in Federal Courts

Qualified Protection under the First Amendment

Unpublished Information Sought by Criminal Defendants

In California Courts
In Federal Courts

Unpublished Information Sought by Prosecutors, Grand Juries

In California Courts
In Federal Courts
Justice Department Guideline for U.S. Attorneys

Identity of Sources Violating Court’s Gag Order

In California Courts
In Federal Courts

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