Privilege Against Self-Incrimination Supplements Journalist Privilege (CRS Report for Congress)
| Release Date |
Oct. 20, 2015 |
| Report Number |
LS_2015-10-20_01 |
| Report Type |
Legal Sidebar |
| Authors |
Sullivan, Mark P. |
| Source Agency |
Congressional Research Service |
Summary:
Journalists' privileges, long sought under the First Amendment, may be available in some cases under the cover of the Fifth Amendment's privilege against self-incrimination. This seems to be the implication of the opinion of the United States Court of Appeals for the Sixth Circuit in 'Convertino v. Department of Justice'. There, the court held that a journalist might refuse to disclose the source of leaked government documents on the basis of his privilege against selfincrimination. Nearly a half-century ago, the Supreme Court held that the First Amendment provides no protection for a journalist who refuses to testify before a grand jury. To this day, federal courts continue to declare that '[t]here is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in. . . .' The courts do recognize a limited, qualified privilege in civil cases, however, and it was this qualified privilege which the reporter in 'Convertino' sought to claim originally. Convertino is a former federal prosecutor, who, while an Assistant United States Attorney, came under internal Justice Department (DOJ) investigation. He contended the investigation was in retaliation for his testimony before the Senate Finance Committee. A reporter for the Detroit Free Press wrote an article detailing allegations in the investigation and indicating the information came from anonymous DOJ officials.
