[Stupid "CDR:" prefix removed. Jeesh, when will Choate get a clue?) At 4:23 PM -0700 7/17/00, Michael Motyka wrote: > > >A number of years ago I concluded, as many others have as well, that >>the Constitution does not provide any special protections for >>"journalists." The First Amendment, which is central to this issue, >>says that government may not use prior restraint on speech or >>prohibit speech. [snip] > >>In fact, I interpret the First to mean that government may _not_ >>decide who's a "legitimate reporter" and who's not, anymore than the >>First would allow government to decide which religions are "valid" >>and which are not. If Declan is covered by a shield law and cannot be >>compelled to reveal his sources, then Tim May and Alfred E. Newman >>are also reporters and are likewise protected. >> >>--Tim May >> >How does the reporter know that answering their questions doesn't put >him at risk of accessory charges? > >The 5th says "No person shall be compelled in any criminal case to be a >witness against himself." A case is opened as soon as any agent of the >government begins asking questions - everyone is a suspect. Your right >to keep your mouth shut exists prior to and in the absence of criminal >charges. That's how I read it. The 5th could be a strong amendment if it >were interpreted in the favor of citizens instead of government. The Fifth _is_ a strong amendment, perhaps our strongest. Notice how O.J. Simpson never took the stand in court. (Unless the defense calls a defendant, the prosecution generally cannot cross-examine a defendant.) Also, though O.J. talked to the police before the Chase started, he didn't have to. And after the Chase, and the Arrest, he didn't speak to the police or prosecutors. My point was that a reporter has no more, and no fewer, Fifth Amendment protections than you or I have. As for putting one at risk of being charged as an accessory, this is dispensed with in both cases (reporter, citizen) by "use immunity" and "unlimited immunity." The courts can, and often do, grant witnesses immunity based on their testimony. In any case, this is not the central issue here. --Tim May --Tim May -- ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, ComSec 3DES: 831-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, "Cyphernomicon" | black markets, collapse of governments.
