Question
Hello Tutors, I am pretty stuck on these prompts. I know they are long questions but any guidance on on answers to the questions or
Hello Tutors,
I am pretty stuck on these prompts. I know they are long questions but any guidance on on answers to the questions or pertinent case law to consider would be hugely helpful
Thanks!
Questions:
9.a. A nervous Vince Vega says Esteban Vihao is already on TV news and talk shows, Twitter pillorying the government and has hired a big DC law firm. Vince says he doesn't trust the Justice Department attorney sent by Mr. Sessions to give an objective view of the situation and asks you to do some quick research and get back to him on whether law enforcement can indeed burst into a news organization's office pursuant to a search warrant and seize items and discover things...or if a warrant rather than a subpoena is even proper. He says forget about the more complex Fourth Amendment stuff and just concentrate on the First Amendment's effect on the Fourth, and the media. You recall SCOTUS cases and legislation. As a sidebar, he also wants to know if this other hairbrained assertionthat the undocumented folks and Vick Vega were sources who were somehow confidential and privilegedhas any basis in caselaw (is there any state or federal reporter priviledge, rather than can the sources be "seized" or not). What do you tell him?
9.b Let's add this twist: Mrs. Mia Wallace is a reporter for News 4 NBC in Washington, DC, doing a story on the raid. She wants access to the warrant affidavit. Because you and her went to college and took Mass Media Law you know they are "goldmines" of info. She decides a FOIA request will take too long and you guys will deny it anyway. As a favor because you are friends, she says in an hour she'll file a request to a federal magistrate for an emergency hearing, and you recall your law training and think about U.S. Court of Appeals cases. Based on those cases and the facts, might she be able to get access to the information?
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