Epstein Secrets

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

§ 79-h(b), (c).° But the Court need not even consider the scope of the reporter's privilege or if it has been waived. Without relying on an explicit First Amendment, common law or statutory privilege, under Rules 26 and 45, federal courts have nonetheless factored in the burden on First Amendment rights when an

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

§ 79-h(b), (c).° But the Court need not even consider the scope of the reporter's privilege or if it has been waived. Without relying on an explicit First Amendment, common law or statutory privilege, under Rules 26 and 45, federal courts have nonetheless factored in the burden on First Amendment rights when an

ers, Inc., Petitioners-Ap- pellees, v. UNITED STATES of America, Respondent-Appellant. No. 474, Docket 95-6119. United States Court of Appeals, Second Circuit. Argued Aug. 81, 1996. Decided Oct. 17, 1996. Government appealed from order en- tered in the United States District Court for the Eastern Distri

gious organizations on federal income tax returns stated cause of action for dis- crimination among religions prohibited by establishment clause of First Amendment. 26 U.S.C.A. § 170; Fed.Rules Civ.Proc. Rule 12(b)(6), 28 U.S.C.A.; U.S.C.A. Conan. Amend. 1. 4. Constitutional Law 4=,84(I) Establishment claus