NOTE: This is not a Branzburg question; this is a shield law question: WINO reporter Luke Warm gets a call from a wanted criminal. The criminal is willing to tell Warm all kinds of secrets, but requires him to maintain his confidentiality, which Warm agrees to do and then reports all sorts of interesting tidbits. One of those stories might help Minnie Van Driver, who is currently on trial for auto theft and there is no one else who has the information but Warm. Local Judge John Mental orders the reporter to testify in Van Driver's case. The state has a shield law protecting journalists from testifying so Judge Mental will find in favor of the reporter and not require him to testify.

Question

Quizplus · Accepted Answer

When a state shield law conflicts with a constitutional right to a fair trial, the history clearly shows that judges go with the constitutional right. It may not make many reporters happy, but the evidence is clear that a judge will rule in favor of the constitutional right (fair trial) over a statutory one (refusal to testify),

NOTE: This Is Not a Branzburg Question; This Is a Shield