What are the First Amendment rights of press in the context of criminal investigations, and when national security is at issue? In the modern, digital age, is there even agreement on who qualifies as press? Should institutional or traditional press have greater rights over non-traditional media, including bloggers? What are the rights of media to publish material leaked from the government? Does the answer change if the media solicited the material or otherwise participated in the leak? What are the policy and legal considerations when it comes to a national media shield law? These and other questions will be addressed by our panel of experts.
The Criminal Law & Procedure Practice Group hosted this panel on "Criminal Law Enforcement versus the Free Press" on Friday, November 15, during the 2013 National Lawyers Convention.
Criminal Law: Criminal Law Enforcement versus the Free Press
12:00 noon – 2:00 p.m.
Last month brought news that an inexpensive generic drug is remarkably effective in reducing congestive heart failure. The finding is expected to save tens of thousands of lives and reduce hospital expenditures by billions of dollars every year. So dramatic are the results that the New England Journal of Medicine rushed into print a study reporting reduced death rates of 30 percent over two years.
There's just one problem. The Food and Drug Administration has for years forbidden the manufacturers of wonder drugs such as this one from informing doctors about developments like this. Under this policy, manufacturers are not even allowed to send physicians reprints of the New England Journal article.