The California Supreme Court seemed inclined Wednesday to shield a Sacramento television station from prosecutors who are demanding an unedited copy of a murder suspect’s videotaped confession. At stake in the case is a reporter’s statutory right to gather news without becoming entangled in government prosecutions. “It appears that the people did not intend to limit the immunity of the press,” said Justice Joyce Kennard.
The California Legislature first established media immunity in 1935 and expanded the protectionsin 1972 and 1980. But courts have occasionally pierced the shield when they believed a reporter’s information might exculpate a criminal defendant. For example, after a reporter witnessed an alleged illegal police search, the California Supreme Courtin Delaney v. Superior Court, 50 Cal.3d 785 (1990), said the defendant’s right to a fair trial outweighed the reporter’s privilege.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
