In branzburg v. hayes (1972), the u. s. supreme court failed to recognize reporter's privilege. however, in his dissent, justice stewart famously argued that reporters should be able to protect the identity of their confidential sources unless the government can show which of the

According to Justice Stewart, the government must be able to;

1. Show probable cause to believe that the information required from the journalist is clearly related to a crime that has been commited.

2. Demonstrate that there is no other means less destructive to the first amendment rights of the reporter, through which the government can obtain the information.

3. Show a compelling and overriding interest in the information the reporter posseses.

Explanation:

In Branzburg v. Hayes (1972), the U.S. Supreme Court ruled on whether reporters had the right to refuse to expose sources of information they considered confidential.

The Supreme Court ruled that in this case, the reporters' First amendment rights to free press was not to be given priority, and as such, reporters should reveal their sources of information before a grand jury if required to do so.

Justice Potter Stewart was one of the dissenters to this ruling and he stated that, a reporter should only be made to testify before a grand jury if the government can show the following;

1. Probable cause to believe that the information required from the journalist is clearly related to a crime that has been commited.

2. There is no other means less destructive to the first amendment rights of the reporter, through which the government can obtain the information.

3. A compelling and overriding interest in the information.

The reporter shield laws currently adopted by many states use these three elements as a model.