Opinion · Supreme Court of the United States

Peister v. United States

Peister v. United States, 449 U.S. 1126 (1981)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1981-01-26
Topic
general

How later courts describe this case

  • permitting in camera review of statements of a government witness despite qualified journalistic privilege because of the unavailability from another source
  • finding “no evidence that the prosecution acted in bad faith ... or overstepped the bounds of propriety and fairness” by making promise of informal immunity
  • “[Jjournalists possess a qualified privilege not to divulge confidential sources and not to disclose unpublished information in their possession in criminal cases.”
  • courts must balance defendant’s need for desired information against journalist’s interest in preventing production in a specific case
  • journalists possess qualified privilege arising under federal common law to withhold unpublished information in criminal cases
  • “Of course, the lack of a confidential source may be an important element in balancing the defendant’s need for the material sought against the interest of the journalist in preventing production in a particular case.”
  • verbatim statements of witnesses contained in videotape "[b]y their very nature ... are not obtainable from any other source. They are unique bits of evidence that are frozen at a particular place and time.”
  • considering subpoena for documentary materials

Citator

UpLaw has not yet analyzed Peister v. United States. The absence of a flag is not a finding that it is good law.

Cited by
122 opinions

C. A. 10th Cir. Certiorari denied.