언론의 특권에 대한 현대적 고찰

• 영문명: A modernistic Study of Journalist's Privilege -Revolving around discussion of U.S.-
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김민섭(Kim Min Sub)
• 간행물 정보: 『법학논문집』法學論文集 第38輯 第2號, 5~32쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

Journalist's privilege was argued in The United States based on 'the fourth estate' model. The first Case was Branzburg v. Hayes and Federal Courts received this theory in many cases. According to 'the fourth estate' model, press becomes the watchdog of government and for this role press has special rights by press clause that general citizens do not enjoy by speech clause. So the press based on 'the fourth estate' model must be professional media. But today, the view seeing the value of press clause as the watchdog of government is not right. Rather, We see the press as the forum of communications. Since 1990s new media has been appeared. The professional media will play an active role and the audience a passive one. This model of 'an informing press' and 'an informed public' has been upended. The public now not only consumes news, but reports it, disseinanates it, critiques it and talks back to it So press of today should include the new media and this means that the 'the fourth estate' model and Journalist's privilege sould be changed. In U.S. federal courts, it has been determined which Media actions were included in action of press that was protected by press clause by using a functional test established in von Bulow v. von Bulow. And which media men(journalists) get the testimonial privilege is determined through four-factor test established in Jaffee v. Redmond.

목차

Ⅰ. 들어가며

Ⅱ. '제4부론'의 전개와 미국 연방법원의 판례

Ⅲ. 제4부론의 비판

Ⅳ. '언론의 자유(freedom of press)'와 '표현의 자유(freedom of speech)'의 구분

Ⅴ. '언론(Press)'에 대한 새로운 개념의 정립 필요성

Ⅵ. 우리나라에서의 논의

Ⅶ. 결론

참고문헌

Abstract

키워드

언론의 특권 제4부론 언론의 자유 표현의 자유 새로운 미디어 Journalist's privilege the fourth estate model the freedom of press the freedom of speech new media