PROSECUTOR AND THE RESEARCHER - PRESENT AND PROSPECTIVE VARIATIONS ON THE SUPREME COURT'S BRANZBURG DECISION

• NCJ Number: 11137
• Journal: Social Problems Volume: 21 Issue: 1 Dated: (SUMMER 1973) Pages: 3-21
• Author(s): P NEJELSKI; K FINSTERBUSCH
• Date Published: 1973
• Length: 19 pages
• Corporate Author: Soc for the Study of Social Problems
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

SUGGESTIONS THAT SOCIAL SCIENCE RESEARCHERS MAKE EFFORTS TO ANALOGIZE THEIR SITUATION TO THAT OF NEWSMEN WHO REFUSE TO DISCLOSE THEIR SOURCES OF INFORMATION.

Abstract

THE SUPREME COURT'S DECISION IN BRANZBURG, WHILE REFUSING TO DECLARE AN ABSOLUTE NEWSMAN'S PRIVILEGE, DID ESTABLISH SOME GUIDELINES FOR A LIMITED PRIVILEGE. THE COURT INDICATED THAT A QUESTION MUST BE RELEVANT AND MATERIAL, AND THE INVESTIGATION CONDUCTED IN GOOD FAITH BEFORE AN ANSWER CAN BE COMPELLED. IT IS SUGGESTED THAT SOCIAL SCIENCE RESEARCH IS ONE FORM OF INFORMATION AND EXPRESSION WHICH CONTRIBUTES TO SOCIAL GOOD AND THEREFORE DESERVES PROTECTION. THE AUTHORS FEEL THAT SOCIAL SCIENTISTS THEMSELVES SHOULD BEGIN TO ORGANIZE THEIR EFFORTS TO OBTAIN A JUDICIALLY RECOGNIZED PRIVILEGE TO PROTECT CONFIDENTIAL DATA. ACTION CAN TAKE AT LEAST FOUR FORMS - PUBLICITY, LOBBYING, LITIGATION, AND BOYCOTT OF RESEARCH PROGRAMS WITHOUT ADEQUATE CONFIDENTIALITY SAFEGUARDS.