S 96 - Establishes Protections For Journalists - Vermont Key Vote

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Title: Establishes Protections For Journalists

Vote Smart's Synopsis:

Vote to pass a bill that prohibits any governmental body from compelling the news media to divulge a source, and protects the media under certain circumstances from disclosing news and information obtained in the course of official news gathering.

Highlights:

  • Prohibits courts or any legislative or administrative body with the power to issue a subpoena from compelling journalists to disclose news or  information obtained or received in confidence including (Sec. 1):

    • The identity of the source of that news or information; or

    • News or information that is not published or disseminated, including notes, outtakes, photographs, video or audio recordings.

  • Authorizes courts and any legislative or administrative body with the power to issue a subpoena to compel a journalist for certain information as long as the party seeking that information establishes clear and convincing evidence that (Sec. 1):

    • The news or material is highly relevant to a significant legal issue;

    • The news or information could not, with due diligence, be obtained by alternative means; and

    • There is a compelling need for disclosure.

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