In Re Appeal of Goodfader

DISSENTING OPINION OF

MIZUHA, J.

The right of members of the press to remain silent as to confidential sources of neAVs and to be free from compulsory testimony divulging such sources Avas not recognized under the English common law. However, James Madison, the proponent in the First Congress of the First Amendment, wrote that “the state of the press under the common laiv, cannot * * * be the standard of its freedom in the United States.” (VI Writings of James Madison 1790-1802, 387),

The Supreme Court of the United States in the case of Bridges v. California, 314 U.S. 252, 256, 86 L.Ed. 192,…