Question
Several months ago authorities at the Weaver Nuclear Reservation in Wyoming issued a terse press release about a shooting and arrest on the reservation. The
Several months ago authorities at the Weaver Nuclear Reservation in Wyoming issued a terse press release about a shooting and arrest on the reservation. The release said the following: Security officers at the Weaver Reservation last night shot and killed an armed intruder who was attempting to damage important equipment in one of the nuclear reactor buildings. Officers reported that Jacob Maine, 33, of San Lucas, Calif., was shot when he fired a pistol at a security officer who was attempting to apprehend him. Three other persons were arrested about 400 yards from the reactor building where they were caught attempting to damage vehicles owned by the government and used on the reservation. The names of the three persons were listed. The three were later indicted on felony charges of destruction and attempted destruction of government property and criminal trespass. The day before the three defendants were to go on trial in federal court, the Cheyenne Sentinel published a story that suggested authorities were lying about the death of Jacob Maine. Reporter Luis Montez wrote that he had been contacted by an individual who claimed that he was with Maine when he was shot. The unidentified source told Montez that Maine was not armed when he was confronted by police, but was shot while he was attempting to flee. The following day prosecuting attorney Hamilton Burger issued a subpoena to reporter Montez, demanding that he testify in court regarding the story. Burger said the name of the unidentified source was critical in the case. He said he personally believed the report was a hoax to try to win sympathy for the three criminal defendants and that he hoped to prove this by confronting Montez on the witness stand. Montez announced that he would not appear at the trial and that he would ignore the subpoena. He said he had promised to not reveal the identity of his source for the story. He claimed that despite the fact that there is no shield law in Wyoming, he was protected by the First Amendment. a. Is there a First Amendment protection that might protect Montez in this case? b. What must the government prove before Montez can be forced to testify? c. Will Montez be required to testify?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started