Legal Rights of Academics and Journalists
| Peter Klein |
Do academic oral historians have the same legal protections as journalists? No, according to the US Department of Justice:
With the filing, the U.S. government has come down firmly on the side of the British government, which is fighting for access to oral history records at Boston College that authorities in the U.K. say relate to criminal investigations of murder, kidnapping and other violent crimes in Northern Ireland. The college has been trying to quash the British requests, arguing that those interviewed as part of an archive on the unrest in Northern Ireland were promised confidentiality during their lifetimes.
suggests that the Boston College researchers are mere academics, and seizing information from them should be easier than prying it from reporters “because the Constitution and the courts have long recognized the unique role which news reporters play in our constitutional system. See, e.g., Branzburg, 408 U.S. at 681; New York Times Co. v. Sullivan, 376 U.S. 254, 268-71 (1964). The limited protections afforded news reporters in the context of a grand jury subpoena should be greater than those to be afforded academics engaged in the collection of oral history.”
Lots of interesting stuff above about informed consent, academic freedom, confidentiality, etc.