Confidential media sources and the First Amendment

Article Abstract:

The Supreme Court ruled in Cohen v Cowles Media Co that the First Amendment did not prevent a source whose confidentiality had been violated from suing under state contract rules. The majority decision of the court held that the First Amendment does not exempt the press from generally applicable laws. This decision is consistent with prior precedent and represents a fair balance between the press's First Amendment rights and the rights of news sources.

Freedom of the press

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Suspicionless drug testing and the Fourth Amendment: Vernonia School District 47J v. Acton

Article Abstract:

The US Supreme Court ruled in Vernonia School District 47J v. Acton that a school board policy authorizing drug testing of all student athletes without probable cause was not unreasonable. The strict scrutiny test would have been better suited to this case than the reasonableness test. The latter suffers due to its vagueness from the politics of the moment, which undermines the privacy safeguarded by the Constitution.

Searches and seizures, Mandatory drug testing, Drug testing, Probable cause

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Attorney-client privilege - dead or alive? A post-mortem analysis

Article Abstract:

The Supreme Court, in Swidler & Berlin v. US in 1998, declared that criminal defense attorneys are bound by the attorney-client privilege even after their clients die. The Court accepted the argument that limiting the privilege in this context would chill the willingness of clients to speak freely to their lawyers. However, this reasoning may only be true for clients who expect to die soon.

United States, Practice of law, Attorney and client

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