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1993) (upholding denial of motion to compel in a defamation case as to materials from an editorial board meeting) LaRouche v. 1990) (acknowledging privilege but holding that it had been overcome as to non-confidential pictures of an accident scene) see also Church of Scientology Int’l v. 20, 1996) (quashing subpoena in civil case alleging that the government provided confidential tax information to a reporter) Stickels v. 13, 2017) (refusing to compel disclosure of a confidential source in a defamation case) Gilbertson v. Federal district courts in Virginia likewise have applied the privilege in a civil suit. Although the Supreme Court of Virginia has not addressed the privilege in a civil case, lower courts in Virginia have applied the privilege in civil suits. Each attempt to require the disclosure of confidential information is examined on a case-by-case basis.
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The qualified privilege applies in civil and criminal suits although recent federal decisions have recognized that the privilege is more limited in criminal cases. 21, 2020) In re Multi-Jurisdictional Grand Jury, 64 Va.
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The test balances (1) whether the information is relevant, (2) whether the information can be obtained by alternative means, and (3) whether there is a compelling interest in the information. Courts have adopted a three-part test to determine when the qualified privilege attaches. 2013) (“There 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, absent a showing of bad faith, harassment, or other such non-legitimate motive, even though the reporter promised confidentiality to his source.”). In recent decisions, federal courts have recognized that the privilege is more limited in criminal cases. Lower state and federal courts, however, have applied a 3-part test adopted by the Fourth Circuit Court of Appeals. The Supreme Court of Virginia has not addressed the scope of the privilege for civil cases. The scope of the privilege in criminal cases was clearly laid out in Brown v. There are no other sources of a reporter's privilege in Virginia. The privilege, which affords both confidentiality to the information obtained and protection to the identity of the source, was established in Brown v. The Virginia Supreme Court has recognized a reporter's privilege under the First Amendment of the United States Constitution. The Constitution of Virginia does not contain an express shield law provision, nor has one been read into any provision. There is no shield law statute in Virginia. The privilege has been limited in recent cases, particularly by the Fourth Circuit and federal courts in Virginia, and in criminal cases. Virginia does not have a shield law, but courts recognize a reporter's privilege based on the First Amendment to the U.S. There is only one case from the Supreme Court of Virginia applying the privilege, so lower courts and federal courts in Virginia frequently cite to federal precedent to determine whether the privilege applies in a specific case. A court faced with a claim of privilege must perform a balancing test, taking into account (1) whether the information sought in the subpoena is relevant, (2) whether the information can be obtained by alternative means, and (3) whether there is a compelling interest in the information. Virginia does not have a shield law, but courts recognize a reporter’s privilege based on the First Amendment to the U.S. Agreement to partially testify act as waiver? Disclosure of non-confidential source's nameģ. Disclosure of confidential source's nameī. Subpoena not overbroad or unduly burdensomeĪ. What proof of search does a subpoenaing party need to make?Ĥ. Material unavailable from other sourcesī. Substantive law on contesting subpoenasĢ. Filing an objection or a notice of intent Service of police or other administrative subpoenasĢ. Procedures for issuing and contesting subpoenasĥ. Others, including non-traditional news gatherers
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Published and/or non-published materialĢ. Confidential and/or nonconfidential informationį. Skip over table of contents to continue reading article Table of contents for Virginia