SEARCH AND SEIZURE OF THE MEDIA - A STATUTORY, FOURTH AMENDMENT AND FIRST AMENDMENT ANALYSIS

• NCJ Number: 36176
• Journal: Stanford Law Review Volume: 28 Issue: 5 Dated: (MAY 1976) Pages: 957-1003
• Author(s): J S LIEBMAN
• Date Published: 1976
• Length: 47 pages
• Corporate Author: Stanford University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE DISCUSSES THE CONFLICT BETWEEN THE GOVERNMENT'S RIGHT TO ACQUIRE INFORMATION ABOUT WRONGDOING AND THE FREEDOM OF THE PRESS AS EXEMPLIFIED BY THE SEARCH IN 1974 OF CALIFORNIA RADIO STATION KPFK FOR TERRORIST LETTERS.

Abstract

THIS NOTE SURVEYS THAT VITAL INTERSECTION, THROUGH WHICH ALSO PASS IMPORTANT SOCIETAL INTERESTS IN CRIMINAL INVESTIGATION AND JUDICIAL ACQUISITION OF KNOWLEDGE, GENERALLY. THE ANALYSIS TURNS IN PART II TO A CONSIDERATION OF THE BEST CONSTITUTIONAL ACCOMMODATION OF THE COLLIDING INTERESTS AND IN PART III CONCLUDES WITH A DISCUSSION OF SEVERAL ALTERNATIVE CONSTITUTIONAL STANDARDS THAT WOULD RESTRICT OR PROHIBIT PRESS SEARCHES. BUT BEFORE UNDERTAKING A DIFFICULT CONSTITUTIONAL BALANCING OF COMPETING INTERESTS, THE NOTE EXAMINES THE STATE SHIELD LAWS. LEGISLATORS HAVE ALREADY COMPLETED THE BALANCING OF RELEVANT INTERESTS IN DRAFTING THESE STATUTES, LEAVING ONLY THE QUESTION - CONSIDERED IN PART I - OF THEIR APPLICATION TO SEARCHES AND SEIZURES. (AUTHOR ABSTRACT)