ARE STONE,OLIVER AND CLANCY,TOM JOURNALISTS - DETERMINING WHO HAS STANDING TO CLAIM THE JOURNALIST PRIVILEGE

Most circuits recognize a qualified privilege that provides a partial First Amendment shield for journalists to protect the confidentiality of their sources and materials. Few courts, however, discuss the scope of the class protected by this privilege. This Comment examines who h as traditionally been part of the protected class and explores the tre nds and concerns of courts in granting standing. This Comment also rec ommends a framework that courts can use to determine whether to extend the journalist's privilege to new formats of communication and applie s this framework to two examples.