Pondering Privilege What Would Archival Privilege Look Like
- Slides: 5
Pondering Privilege What Would Archival Privilege Look Like and How Would We Get It? Christine Anne George Charles B. Sears Law Library SUNY Buffalo Law School
Background �Research started because of the Belfast Project �“Archives Beyond the Pale: Negotiating Legal and Ethical Entanglements after the Belfast Project” �Move beyond theory �What privileges should archival privilege emulate? �How should archival privilege be implemented?
Archival Privilege in 1986 �Ann Braden invoked it to protect her collection from subpoena �Question of first impression—would create a new privilege �Qualified privilege that would use balancing test �Related to academic freedom and tied to researcher’s privilege �Court did not accept the argument �“In such a case, the access restriction agreement must yield to the judicial process’ search for truth. ”
Privileges �State Secrets Privilege �Protects information that the state deems harmful �System in place to allow judges to evaluate the information without it becoming public �Attorney Work Product Privilege �Not an absolute privilege �Protects information related to litigation �Allows for release of information if deemed necessary
Shield Laws �Created in reaction to Supreme Court ruling in Branzburg v. Hayes (1972) to protect journalist’s privilege �State law, not federal law �Interpretations from judiciary have expanded the protections �Best example of how to gain privilege
