||Holland & Knight LLP
||Tobin analyzes the history of journalists' right to keep sources confidential, as it has been determined by U.S. courts. Although protecting critics of the government was undoubtedly part of what the Framers of the Constitution intended when they wrote the First Amendment, journalists' privilege has not been upheld by the courts. However, the U.S. Supreme Court's divided decisions in Branzburg v. Hayes affirmed that if it is too easy to compel journalists to reveal sources, courts will "undermine one of the central principles on which the Revolutiuonary War was waged and that has allowed the press to flourish."
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