미국헌법에서 국가기밀 대(對) 기자의 취재특권

Only approved government officials have security clearances and can possess various levels of classified information. Top executive branch officials have authority to declassify, while leaks circumvent the declassification process. The public interest in declassified or leaked information depends on the context, with authorized and unauthorized leaks presumably having distinct implications and value. The leak of classified information takes from the source, to the intermediary journalist, and to public dissemination. There is the question of whether journalists should be able to acquire and publicize classified information, and whether the reporter’s source can remain confidential if legal proceedings necessitate the source’s testimony. Journalists claim that a reporter’s privilege is essential because the privilege stimulates an uncensored free flow of information. In Branzburg v. Hayes, which set the governing precedent, the Supreme Court doubted that a constitutionally-based protection was necessary to facilitate a free flow of information. The Court surmised that advocacy for a privilege was driven by the professional self-interest of reporters. Some scholars maintained that there should be no distinction between the Press and Speech Clauses, while others asserted that there should be elevated protection for the press as a facilitator of democratic dialog. The Supreme Court held that Journalists do not have a special First Amendment protection.