 | Ronald Dworkin - 1985 - 438 էջ
...disclosure orders which serve no "legitimate need of law enforcement." He spoke of the need to strike "a proper balance between freedom of the press and...relevant testimony with respect to criminal conduct." I do not interpret Powell's opinion as recognizing a First Amendment privilege against disclosure ordered... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1989 - 1562 էջ
...protective order may be entered. The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the...and traditional way of adjudicating such questions. (Id., at 711.) This quotation illustrates Justice Powell's devotion to a case-by-case balancing approach.... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1989 - 1558 էջ
...protective order may be entered. The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the...these vital constitutional and societal interests on a case-by-ease basis accords with the tried and traditional way of adjudicating such questions. (Id.... | |
 | Robert Martin, Gordon Stuart Adam - 1994 - 900 էջ
...each claim of privilege should be judged on its particular facts by striking a balance between the freedom of the press and the obligation of all citizens to give relevant testimony. The Labour Board was of the opinion that Powell J. had identified two criteria that need be demonstrated... | |
 | Howard W. Goldstein, Steven M. Witzel - 2021 - 840 էջ
...6 Id.. 408 US at 721. entered. The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the...the tried and traditional way of adjudicating such questions."8 One case that epitomizes Justice Powell's approach is Bursey v. United States.9 In Bursey,... | |
 | the late Bernard Schwartz - 1998 - 329 էջ
...Court, also wrote one of his own that called on trial courts to balance, case by case, the interests of "freedom of the press and the obligation of all citizens...to give relevant testimony with respect to criminal conduct."34 Justice Stewart, dissenting, called the Powell opinion "enigmatic,"35 and judges in lower... | |
 | Terry Eastland - 2000 - 446 էջ
...protective order may be entered. The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the...and traditional way of adjudicating such questions. In short, the courts will be available to newsmen under circumstances where legitimate First Amendment... | |
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The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the press and the obligation of all citizens to give relevant testimony with respect to criminal conduct. The balance of these vital constitutional... 
