Miller v. Superior Court

Opinion

MOSK, J.

In 1990 the voters of this state enacted a constitutional amendment as part of Proposition 115 affirming that in criminal cases the people of the State of California have “the right to due process of law” (Cal. Const., art. I, § 29).1 In the present case, we consider whether the assertion of that state constitutional right by a district attorney can serve as a justification for holding a newsperson in contempt for refusing to surrender unpublished information, in spite of the newsperson’s immunity from contempt for such refusal expressly provided in article I, section 2,…