Vanessa Leggett v. United States
In June 2001, a federal grand jury subpoenaed author Vanessa Leggett’s tape-recorded conversations regarding Robert Angleton, who was being charged with the murder of his wife Doris. Leggett refused to turn in her tapes, arguing that a journalist’s privilege protected her from having to release the research. U.S. District Judge Melinda Harmon ruled that the court would not recognize that privilege. On July 20, 2001, Leggett was held in civil contempt of court and jailed for 18 months. The Supreme Court refused to hear her appeal, and she was released after 168 days.
Judith Miller v. United States
After many journalists, including Judith Miller of the New York Times and Matthew Cooper of TIME Magazine, published the name of covert CIA agent Valerie Plame, they were subpoenaed to appear before a grand jury to name their source. While some broke confidentiality when threatened with prison, Judith Miller refused. She was held in civil contempt of court and jailed on July 6, 2005; the Supreme Court refused her appeal. Miller was released from jail after 85 days when her source waived her promise.
As shown, the Supreme Court has yet to consider a journalist First Amendment privilege case since Branzburg v. Hayes.
Sources
Eliason, Randall D. “Leakers, Bloggers, and Fourth Estate Inmates: the Misguided Pursuit of a Reporter’s Privilege.” 24 Cardozo Arts & Ent LJ 385, 2006.
Lee, Douglas. “Press: Shield laws.” http://www.firstamendmentcenter.org/press/topic.aspx?topic=shield_laws
Pember, Don R. and Calvert, Clay. Mass Media Law, 17th Edition. McGraw-Hill, 2011.
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