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Agnosticsherbet

(11,619 posts)
3. Journalist shield laws fall under the first amendment protections.
Fri Sep 20, 2013, 01:42 PM
Sep 2013
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The general public has rights under the fifth amendment.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


As I understand it, you can be compelled to testify so long as you are not incriminating yourself. (Notice there are some limitations built into the fifth.)

Both of these have been under fire by "National Security" which can be allowed depending on how the courts define this phrase "except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger," which builds the National Security exception into our fifth amendment rights.

Thank you founding fathers.

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