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The California Shield Law provides statutory and constitutional protections to journalists seeking to maintain the confidentiality of an unnamed source or unpublished information obtained during newsgathering. The shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1]
It is now client legal privilege (as opposed to legal professional privilege). The courts regard privilege as a "substantive general principle which plays an important role in the effective and efficient administration of justice by the courts", [4] not a mere rule of evidence. As such, it extends to all forms of compulsory disclosure ...
The Supreme Court of California promptly amended the California Rules of Professional Conduct to conform to the new exception in the revised statute. Recent legislation in the UK curtails the confidentiality professionals like lawyers and accountants can maintain at the expense of the state. [2]
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
A bill that sought to ban the use of confidentiality agreements when negotiating potential laws in California has failed to pass a state legislative committee. The proposal by Republican ...
A shield law is a law that gives reporters protection against being forced to disclose confidential information or sources in state court. There is no federal shield law and state shield laws vary in scope. In general, however, a shield law aims to provide the protection of: "a reporter cannot be forced to reveal his or her source".
The FATP privilege applies only to tax advice. The advice must be treated as confidential by both the accountant and the client to be covered by the privilege. If the communication is divulged to third parties, then it is not confidential. The privilege does not cover general business consultations or personal financial planning advice. [11]
The California Court of Appeal this time rejected his habeas corpus petition and said that Winslow’s claims are procedurally barred because he could have raised his claims on direct appeal ...