언론의 특권에 대한 현대적 고찰-미국에서의 논의를 중심으로-
A modernistic Study of Journalist’s Privilege -Revolving around discussion of U.S.-
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Journalist's privilege was argued in The United States based on 'the fourth estate' model. The first Case was Branzburg v. Hayes and Federal Courts received this theory in many cases. According to 'the fourth estate' model, press becomes the watchdog of government and for this role press has special rights by press clause that general citizens do not enjoy by speech clause. So the press based on 'the fourth estate' model must be professional media. But today, the view seeing the value of press clause as the watchdog of government is not right. Rather, We see the press as the forum of communications. Since 1990s new media has been appeared. The professional media will play an active role and the audience a passive one. This model of 'an informing press' and 'an informed public' has been upended. The public now not only consumes news, but reports it, disseinanates it, critiques it and talks back to itSo press of today should include the new media and this means that the 'the fourth estate' model and Journalist's privilege sould be changed. In U.S. federal courts, it has been determined which Media actions were included in action of press that was protected by press clause by using a functional test established in von Bulow v. von Bulow. And which media men(journalists) get the testimonial privilege is determined through four-factor test established in Jaffee v. Redmond.
Abstract
Journalist's privilege was argued in The United States based on 'the fourth estate' model. The first Case was Branzburg v. Hayes and Federal Courts received this theory in many cases. According to 'the fourth estate' model, press becomes the watchdog of government and for this role press has special rights by press clause that general citizens do not enjoy by speech clause. So the press based on 'the fourth estate' model must be professional media. But today, the view seeing the value of press clause as the watchdog of government is not right. Rather, We see the press as the forum of communications. Since 1990s new media has been appeared. The professional media will play an active role and the audience a passive one. This model of 'an informing press' and 'an informed public' has been upended. The public now not only consumes news, but reports it, disseinanates it, critiques it and talks back to itSo press of today should include the new media and this means that the 'the fourth estate' model and Journalist's privilege sould be changed. In U.S. federal courts, it has been determined which Media actions were included in action of press that was protected by press clause by using a functional test established in von Bulow v. von Bulow. And which media men(journalists) get the testimonial privilege is determined through four-factor test established in Jaffee v. Redmond.
참고문헌 (25)
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