Reporter's Privilege

Several months ago, I wrote about a a D.C. Circuit opinion, denying reporter's privilege claims for the New York Times and Times' Magazine reporters Matt Cooper and Judith Miller.  Now, Goldstein & Howe's Supreme Court weblog reports that the reporters filed petitions for a writ certiorari in the Supreme Court, seeking recognition of a constitutional and / or federal common law reporter's privilege not to reveal confidential sources.

It remains to be seen whether the Court has enough votes to reconsider Brazburg v. Hayes.  But each of the petitions also raises a very important Due Process issue, challenging the contempt finding based on the fact it was made in reliance on secret evidence the petitioners were not able to see.

Comments

[Deepak]

Why does your headline say that the Court has "accept[ed]" the case(s) for review? The petitions have just been filed and it's quite possible they'll be denied.

[Gene]

you are absolutely correct, I goofed. The headline should have referenced the filed petitions, the review questions have not been considered and it is not at all clear whether the Court is going to grant review.