Write a research paper addressing the topic of The Journalist Privilege Allowed by the Branzburg Concurring and Dissenting Opinions.

Write a research paper addressing the topic of The Journalist Privilege Allowed by the Branzburg Concurring and Dissenting Opinions.• Draft the outline of a Motion in Limine to Admit the Testimony of
Ellie Williams
• Caption
• Notice of Motion (you can leave the time and date blank!)
• Points and Authorities
• Legal Issue 1—Just the Header
• Case
• Jones v. Smith, Citation (Date): [How Jones case supports your legal assertion]
• Case
• In re Subpoena of Tammy, Citation (Date): [How Tammy case supports your legal
assertion]
• Legal Issue 2-Just the Header
• Case
• Case
• Conclusion

The Branzburg Concurring and Dissenting Opinions Allow
for a Journalist Privilege
• There is No Federal Journalist Privilege
• Williams is Entitled to a Qualified Journalist’s Privilege
• Even if There Were A Journalist Privilege, It is Overcome by
the Balancing of Factors
• Most Circuit Courts Have Recognized a Qualified Journalist
Privilege
• Ms. Williams Does Not Meet the Definition of a Journalist for
First Amendment Purposes

What you are looking for
• I’ve provided a list of cases, including the pin cite (exact page) of relevant
language
• Go to the cited portion and ask yourself if it helps or hurts your side
• If it helps your side, look for how to analogize to it
• “In our case, as in Farrow, the government had no other access to the relevant
information than the journalist’s notes.”
• If it hurts your side, look for ways to distinguish it
• “Unlike the Cronut case, here the confidential source only had second-hand
information, and could not reasonably be deemed critical enough to the prosecution
to overcome the limited privilege recognized by several circuit courts.”
• Whether analogizing or distinguishing, you need to understand
• The factual scenario of the precedent (how it is similar or different from ours) and
• The legal conclusion the prior court reached

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