How have courts interpreted "the people's right to due process" not to include the right to compel the press to supply unpublished information obtained in the newsgathering process?

California, United States of America


The following excerpt is from Miller v. Superior Court, 21 Cal.4th 883, 89 Cal.Rptr.2d 834, 986 P.2d 170 (Cal. 1999):

Thus, there is nothing illogical in interpreting "the people[`s] ... right to due process" not to include the right to compel the press through the sanctions of contempt incarceration and substantial fines to supply unpublished information obtained in the newsgathering process. The fact that the assertion of this immunity might lead to the inability of the prosecution to gain access to all the evidence it desires does not mean that a prosecutor's right to due process is violated, any more than the assertion of established evidentiary privileges against the prosecution would be a violation. (See Jones v. Superior Court (1962) 58 Cal.2d 56, 60-61, 22 Cal. Rptr. 879, 372 P.2d 919 [prosecutorial discovery limited by privilege against self-incrimination and attorney-client privilege]; Izazaga v. Superior Court (1991) 54 Cal.3d 356, 369, 285 Cal.Rptr. 231, 815 P.2d 304 [suggesting the same under Proposition 115's reciprocal discovery provisions].)

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have the courts interpreted the constitutional rights of the attorney general in a motion to compel disclosure of confidential information? (California, United States of America)
What is the result of the Court of Appeal's second opinion in People v Cuen (People v. Cuen I) on a motion to review the Court's decision to deny the petition? (California, United States of America)
How have courts interpreted the "right to assistance of counsel and the correlative right to dispense with the lawyer's help"? (California, United States of America)
How have courts interpreted the Miranda rights of a defendant in a case where a confession was obtained in violation of the Miranda Rule? (California, United States of America)
Does a defendant have a valid argument to argue that a recorded phone conversation with an informant was obtained in violation of his right to due process? (California, United States of America)
How have the courts treated appellant's claim that the court deprived him of his constitutional right to due process by ordering him into placement without an adequate case plan? (California, United States of America)
Is a trial court erred by failing to give a defendant separate advisement of his right to counsel and obtaining a waiver of that right? (California, United States of America)
How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested? (California, United States of America)
How has the federal courts interpreted the interpretation of Section 5 of the Civil Rights Act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.