Question

Privileges are based on a social policy that in some situations confidentiality is more important than revealing relevant evidence at trial.

a) True

b) False

Answer 1

Yes, privileges based on social policy, such as reporter's privilege, do prioritize confidentiality over revealing evidence at trial. This is a principle supported by the First Amendment to protect whistleblowers and encourage a free press. However, reporter's privilege is not absolute, as seen in judicial rulings like Branzburg v. Hayes.

Step-by-step explanation:

Privileges that allow confidentiality to supersede the reveal of relevant evidence at trial do indeed exist and are often based on broader social policy considerations. In the context of the news media, this privilege is known as a reporter's privilege. This special provision allows journalists to withhold the identities of confidential sources to protect them from retribution or prosecution.

It is noteworthy, however, that the legal protections afforded by reporter's privilege are not absolute. The Supreme Court's decision in Branzburg v. Hayes (1972) clarified that journalists are not exempt from revealing sources when subpoenaed if their testimony is essential to a criminal trial.