Although interpreting prior case law to create a limited constitutional newsman's privilege, the Farr court did not adequately weigh the appropriate competing interests in denying the reporter's privilege to protect the confidentiality of his sources. This note will suggest that the court's overreliance upon the fair trial interest and its failure to analyze the newsman's testimonial privilege precluded the court from effectively utilizing the balancing test it stated to be applicable. As will be demonstrated, evaluation of the first amendment interest, when weighed against the opposing need for disclosure, should have led to a contrary decision in Farr.
Brian A. Morrison,
Constitutional Law—Freedom of the Press—Newsman's Privilege to Refuse Disclosure of Confidential Sources in Criminal Trial—Farr v. Pitchess, 522 F.2d 464 (9th Cir. 1975), cert. denied, 98 S. Ct. 3200 (1976),
51 Wash. L. Rev.
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