NOTES AT ISSUE

August 2001
		Who should receive the First Amendment's freedom of the press protections? How far should those protections extend? Two experts take your questions.

Forum introduction Are only professional journalists afforded some First Amendment freedoms? Can the government take Ms. Leggett's research without compensating her? Could Ms. Leggett have destroyed her notes? How do you read the Fifth Circuit's decision? What does the decision mean for journalists?     Online Special Media Watch Aug. 16, 2001 Should Vanessa Leggett have to turn over her research to a federal grand jury? Browse the NewsHour's coverage of the media.

The Online NewsHour asks: Since our original report, the Fifth Circuit Court of Appeals has refused to free Vanessa Leggett. What’s your reading of the court’s decision and do you think Ms. Leggett could have it overturned by asking for a rehearing by the full Fifth Circuit or going to the Supreme Court?   Lucy Dalglish responds: My reading of the court's decision is that they recognized that a qualified privilege exists under some circumstances. They said when her rights were balanced with the rights of the grand jury to collect information, the grand jury came out on top. But I'm pleased they recognized the concept of a privilege. I think it's likely her counsel will petition the 5th Circuit for an en banc rehearing. My guess is that such a petition would be denied. Once that happens, she may appeal to the U.S. Supreme Court. I would be very surprised if the court granted certiori in this case.   Bruce Fein responds: I think the Fifth Circuit ruled correctly under the Supreme Court's precedent in Branzburg v. Hayes (1972) rejecting a newsman's privilege to withhold the identities of anonymous sources when asked by grand juries for disclosure. Branzburg has been reaffirmed countless times since 1972, and I do not believe the Supreme Court will consider her case as she is requesting because the issue she raises has been authoritatively decided against her.