Even when judges reject First Amendment and common law privilege claims, journalists may assert the Fifth Amendment privilege against self-incrimination if they are able to convince a judge there is a reasonable fear their testimony will probably lead to a criminal prosecution.

Question

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Journalists may assert the Fifth Amendment privilege against self-incrimination if they can demonstrate they have a reasonable fear their testimony may lead to criminal prosecution, even if First Amendment and common law privilege claims are rejected.

Even When Judges Reject First Amendment and Common Law Privilege