The Justice Department, in a brief signed by Attorney General Janet Reno, asserts that there should be a qualified privilege which a federal judge should balance against the needs of investigators.
32.
The appeal involves a decision last month by Judge Norma Holloway Johnson of U . S . District Court that Clinton enjoys only a qualified privilege that is outweighed by the needs of investigators.
33.
Chee said he will argue his comments were protected by " qualified privilege, " which allows opposition politicians to criticize or question the government in parliament or public debates without being sued.
34.
In its challenge to the subpoena, Morrow argues that publishers, like journalists, deserve a " qualified privilege under the First Amendment " to protect their notes and unpublished material from disclosure.
35.
In a 1998 judgment, and on appeal in 2000, the courts affirmed a new qualified privilege for the media to discuss politicians when expressing the criticisms as the " honest opinion " of the author.
36.
The ABC lawyers noted that most federal and state courts, including the courts in Virginia, have recognized that reporters have a " qualified privilege " to protect their confidential sources except in rare circumstances.
37.
This month, 30 news organizations and journalists'groups, including The New York Times, sent a legal brief to the tribunal, urging it to establish " a qualified privilege " for journalists.
38.
But the Court of Appeals said that Impact was protected by the defenses of fair comment and qualified privilege because its articles were written fairly and it had a duty to publish them within the Singapore Christian community.
39.
The judge said Newcastle City Council's " qualified privilege " rights barred it from being sued for libel, but that the former nurses could claim damages from the review team the council hired:
40.
""'Adam v . Ward " "'was a case heard in 1917 by the House of Lords concerning the legal theories of qualified privilege and that of the constitutional defence.