Jay B. Rosman


This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege. The article discusses early pivotal Florida Supreme Court cases, examines the Journalist's Privilege Statute, and discusses how federal and Florida courts have interpreted Florida law. Empirically, the article provides the results of a phone survey that was conducted to determine whether the public's attitudes and perceptions regarding this issue are consistent or contrary to the current state of the law.