Misplaced Pages

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89-447: More generally the term "shield law" is applied to laws protecting people in one state from prosecution by another state for providing services illegal there, specifically for providing medications causing abortion . A shield law is a law that gives reporters protection against being forced to disclose confidential information or sources in state court. There is no federal shield law and state shield laws vary in scope. In general, however,

178-748: A 2012 study in Obstetrics & Gynecology , in the United States the risk of maternal mortality is 14 times lower after induced abortion than after childbirth. The CDC estimated in 2019 that US pregnancy-related mortality was 17.2 maternal deaths per 100,000 live births, while the US abortion mortality rate was 0.43 maternal deaths per 100,000 procedures. In the UK, guidelines of the Royal College of Obstetricians and Gynaecologists state that "Women should be advised that abortion

267-415: A career, and not being able or willing to raise a child conceived as a result of rape or incest . When done legally in industrialized societies, induced abortion is one of the safest procedures in medicine . Unsafe abortions —those performed by people lacking the necessary skills, or in inadequately resourced settings—are responsible for between 5–13% of maternal deaths , especially in

356-471: A combined regimen of mifepristone and misoprostol or surgical abortion. Vacuum aspiration in the first trimester is the safest method of surgical abortion, and can be performed in a primary care office , abortion clinic , or hospital. Complications, which are rare, can include uterine perforation , pelvic infection , and retained products of conception requiring a second procedure to evacuate. Infections account for one-third of abortion-related deaths in

445-431: A court ordered subpoena. Opponents also cite problems with defining who is considered a journalist or news gatherer and who is not, and note that if journalists get special protection from the government, then they are getting special journalistic benefits from the government instead of acting in complete independence. Some opponents also argue that journalists are often forced to testify by federal courts only in cases where

534-953: A delayed/suspended menstruation". Forty percent of the world's women are able to access therapeutic and elective abortions within gestational limits, while an additional 35 percent have access to legal abortion if they meet certain physical, mental, or socioeconomic criteria. While maternal mortality seldom results from safe abortions, unsafe abortions result in 70,000 deaths and 5 million disabilities per year. Complications of unsafe abortion account for approximately an eighth of maternal mortalities worldwide, though this varies by region. Secondary infertility caused by an unsafe abortion affects an estimated 24 million women. The rate of unsafe abortions has increased from 44% to 49% between 1995 and 2008. Health education, access to family planning, and improvements in health care during and after abortion have been proposed to address consequences of unsafe abortion. There are two commonly used methods of measuring

623-407: A dichotomy between state laws and journalistic ethics, but the differences between states' laws has raised questions regarding which laws apply where in regard to national reporting. Proponents argue that a federal shield law should exist to eliminate contradictions between state laws. Opponents argue that shield laws afford extra privileges to journalists and that no citizen should be able to ignore

712-405: A federal shield law likely would not protect them anyway. Finally, the federal government may not have constitutional right to enforce a shield law on state courts. Many journalists, however, are subpoenaed to testify in criminal and civil cases for coverage of a variety of matters that do not involve questions of national security. In recent years, there have been bills for federal shield laws in

801-510: A mifepristone–misoprostol combination regimen is considered to be more effective than surgical abortion ( vacuum aspiration ), especially when clinical practice does not include detailed inspection of aspirated tissue. Early medical abortion regimens using mifepristone, followed 24–48 hours later by buccal or vaginal misoprostol are 98% effective up to 9 weeks gestational age; from 9 to 10 weeks efficacy decreases modestly to 94%. If medical abortion fails, surgical abortion must be used to complete

890-402: A patient in a state where abortion was banned. From 18 June 2023 Aid Access mailed medication to patients throughout the US with providers licensed in the five states with telemedicine provisions, with no need to ship from other countries as had been necessary before. It was expected that legal battles would follow as the shield laws were tested in court. Patients themselves were not protected by

979-458: A pregnancy, it is called an induced abortion , or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons given for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health , an inability to afford a child , domestic violence , lack of support, feeling they are too young, wishing to complete education or advance

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1068-567: A promise that his identity as the source would not be published. Over the reporters' objections, editors of both newspapers independently decided to publish his name. Cohen consequently lost his job at an advertising agency . He sued Cowles Media Company , who owned the Minneapolis Star Tribune . In 1988, a jury of six found in Cohen's favor. The Minnesota Supreme Court reversed. The United States Supreme Court, while refusing to reinstate

1157-548: A prostaglandin analog alone. Mifepristone–misoprostol combination regimens work faster and are more effective at later gestational ages than methotrexate–misoprostol combination regimens, and combination regimens are more effective than misoprostol alone, particularly in the second trimester. Medical abortion regimens involving mifepristone followed by misoprostol in the cheek between 24 and 48 hours later are effective when performed before 70 days' gestation. In very early abortions, up to 7 weeks gestation , medical abortion using

1246-422: A public health measure. Abortion laws and views of the procedure are different around the world. In some countries abortion is legal and women have the right to make the choice about abortion. In some areas, abortion is legal only in specific cases such as rape, incest, fetal defects , poverty, and risk to a woman's health. An induced abortion is a medical procedure to end a pregnancy. In present-day English,

1335-446: A reporter, a standard of professionalism must be met, including but not limited to being associated with a traditional news print or television media outlet or obtaining a journalism degree. A subsequent opinion in the same case clarified that these were examples and not requirements; bloggers could qualify, and the denial of media status in the Cox case appears to have been largely motivated by

1424-415: A shield law aims to provide the protection of: "a reporter cannot be forced to reveal his or her source". Thus, a shield law provides a privilege to a reporter pursuant to which the reporter cannot be forced by a subpoena or other court order to testify about information contained in a news story and/or the source of that information. Several shield laws additionally provide protection for the reporter even if

1513-577: A significantly increased chance of mortality or morbidity, and reducing the number of fetuses to lessen health risks associated with multiple pregnancy . An abortion is referred to as elective or voluntary when it is performed at the request of the woman for non-medical reasons. Confusion sometimes arises over the term elective because " elective surgery " generally refers to all scheduled surgery, whether medically necessary or not. About one in five pregnancies worldwide ends with an induced abortion. Most abortions result from unintended pregnancies. In

1602-402: A specific abortion procedure. Abortions can be characterized as either therapeutic or elective. When an abortion is performed for medical reasons, the procedure is referred to as a therapeutic abortion. Medical reasons for therapeutic abortion include saving the life of the pregnant woman, preventing harm to the woman's physical or mental health , preventing the birth of a child who will have

1691-445: A widespread trend towards greater legal access to abortion since 1973, but there remains debate with regard to moral, religious, ethical, and legal issues. Those who oppose abortion often argue that an embryo or fetus is a person with a right to life , and thus equate abortion with murder . Those who support abortion's legality often argue that it is a woman's reproductive right . Others favor legal and accessible abortion as

1780-621: Is a bipartisan federal shield law designed to protect journalist-source confidentiality, with common-sense exceptions for cases involving terrorism, serious emergencies, or journalists suspected of crimes. In January 2024, the U.S. House of Representatives passed the legislation unanimously. The bill broadly defines "covered journalist" to include anyone engaged in gathering, preparing, reporting, or publishing news or information of public interest, ensuring protection for both professional and unconventional journalists, as well as emerging outlets that may struggle against subpoenas. As of October 2024, it

1869-623: Is a procedure similar to a caesarean section and is performed under general anesthesia . It requires a smaller incision than a caesarean section and can be used during later stages of pregnancy. Gravid hysterectomy refers to removal of the whole uterus while still containing the pregnancy. Hysterotomy and hysterectomy are associated with much higher rates of maternal morbidity and mortality than D&E or induction abortion. First trimester procedures can generally be performed using local anesthesia , while second trimester methods may require deep sedation or general anesthesia . In places lacking

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1958-459: Is as safe as provider-administered medical abortion, where a health care professional is present to help manage the medical abortion. Safely permitting women to self-administer abortion medication has the potential to improve access to abortion. The review also noted a research gap concerning methods to support women who take medication at home for a self-administered abortion. Up to 15 weeks' gestation, suction-aspiration or vacuum aspiration are

2047-439: Is as safe from 64 to 70 days' gestation as it before 63 days. There is little difference in terms of safety and efficacy between medical abortion using a combined regimen of mifepristone and misoprostol and surgical abortion (vacuum aspiration) in early first trimester abortions up to 10 weeks gestation. Medical abortion using the prostaglandin analog misoprostol alone is less effective and more painful than medical abortion using

2136-524: Is essential for the attainment of the highest possible level of sexual and reproductive health". Historically , abortions have been attempted using herbal medicines , sharp tools, forceful massage , or other traditional methods . Around 73 million abortions are performed each year in the world, with about 45% done unsafely. Abortion rates changed little between 2003 and 2008, before which they decreased for at least two decades as access to family planning and birth control increased. As of 2018 , 37% of

2225-541: Is generally safer than continuing a pregnancy to term." Worldwide, on average, abortion is safer than carrying a pregnancy to term. A 2007 study reported that "26% of all pregnancies worldwide are terminated by induced abortion," whereas "deaths from improperly performed [abortion] procedures constitute 13% of maternal mortality globally." In Indonesia in 2000 it was estimated that 2 million pregnancies ended in abortion, 4.5 million pregnancies were carried to term, and 14–16 percent of maternal deaths resulted from abortion. In

2314-414: Is legal and available. The health risks of abortion depend principally on how, and under what conditions, the procedure is performed. The World Health Organization (WHO) defines unsafe abortions as those performed by unskilled individuals, with hazardous equipment, or in unsanitary facilities. Legal abortions performed in the developed world are among the safest procedures in medicine. According to

2403-666: Is legally restricted. They may attempt self-induced abortion or seek the help of a person without proper medical training or facilities. This can lead to severe complications, such as incomplete abortion, sepsis , hemorrhage, and damage to internal organs. Unsafe abortions are a major cause of injury and death among women worldwide. Although data are imprecise, it is estimated that approximately 20 million unsafe abortions are performed annually, with 97% taking place in developing countries . Unsafe abortions are believed to result in millions of injuries. Estimates of deaths vary according to methodology, and have ranged from 37,000 to 70,000 in

2492-455: Is legally risky in the United States. Historically, a number of herbs reputed to possess abortifacient properties have been used in folk medicine . Such herbs include tansy , pennyroyal , black cohosh , and the now-extinct silphium . In 1978, one woman in Colorado died and another developed organ damage when they attempted to terminate their pregnancies by taking pennyroyal oil. Because

2581-548: Is or is not a "newsgathering activity," and, thus, what activities are subject to protection under the law. Currently, courts are struggling to define the standards for when shield laws should apply to non-traditional media outlets, particularly in the context of blogs and Internet publishing. In Obsidian Finance Group, LLC v. Cox , the United States District Court for the District of Oregon found that to qualify as

2670-636: Is the legal standing of abortion. Countries with restrictive abortion laws have higher rates of unsafe abortion and similar overall abortion rates compared to countries where abortion is legal and available. For example, the 1996 legalization of abortion in South Africa led to an immediate reduction in abortion-related complications, with abortion-related deaths dropping by more than 90%. Similar reductions in maternal mortality have been observed after other countries have liberalized their abortion laws, such as Romania and Nepal . A 2011 study concluded that in

2759-577: Is usually termed " stillborn ". Premature births and stillbirths are generally not considered to be miscarriages, although usage of these terms can sometimes overlap. Studies of pregnant women in the US and China have shown that between 40% and 60% of embryos do not progress to birth. The vast majority of miscarriages occur before the woman is aware that she is pregnant , and many pregnancies spontaneously abort before medical practitioners can detect an embryo. Between 15% and 30% of known pregnancies end in clinically apparent miscarriage, depending upon

Shield laws in the United States - Misplaced Pages Continue

2848-508: The Columbia Law Review about ways in which shield laws could protect medical practitioners providing abortion who treated patients in US states that prohibited abortion. Following publication of the paper, several states passed shield laws for medical practitioners. As of July 2023 fifteen states had such shield laws, and five had telemedicine provisions, specifically protecting a provider who prescribed and mailed abortion pills to

2937-563: The American Psychological Association concluded that a woman's first abortion is not a threat to mental health when carried out in the first trimester, with such women no more likely to have mental-health problems than those carrying an unwanted pregnancy to term; the mental-health outcome of a woman's second or greater abortion is less certain. Some older reviews concluded that abortion was associated with an increased risk of psychological problems; however, later reviews of

3026-503: The Cohen and Branzburg decisions could allow for the possibility of a journalist being subpoenaed by a court to disclose the name of a source, and being sued by a source under promissory estoppel laws for that disclosure. The current laws of the land, and the gray areas of forecasting potential consequences of publishing a story with confidential sources places the press in a very precarious situation. The current shield laws in some states give

3115-459: The Plame affair , in which reporters who released the name of Valerie Plame were asked who their sources were. One of the reporters, Judith Miller of The New York Times , was jailed for 85 days in 2005 for refusing to disclose her source in the government probe. There is also a question about whether or not journalists should be exempt from national security laws. In 2023 a paper was published in

3204-636: The White House was pushing for a federal media shield law named the Free Flow of Information Act authored by U.S. Senators Charles Schumer and Lindsey Graham . Under the bill, the scope of protection for reporters would vary according to whether it was a civil case, an ordinary criminal case or a national security case. The greatest protection would be given to civil cases, in which litigants seeking to force reporters to testify or trying to obtain their calling information would be required to show why their need for

3293-557: The bas reliefs decorating the temple of Angkor Wat in Cambodia depicts a demon performing such an abortion upon a woman who has been sent to the underworld . Reported methods of unsafe, self-induced abortion include misuse of misoprostol and insertion of non-surgical implements such as knitting needles and clothes hangers into the uterus. These and other methods to terminate pregnancy may be called "induced miscarriage". Such methods are rarely used in countries where surgical abortion

3382-436: The cervix and emptying the uterus using surgical instruments and suction. D&E is performed vaginally and does not require an incision. Intact dilation and extraction (D&X) refers to a variant of D&E sometimes used after 18 to 20 weeks when removal of an intact fetus improves surgical safety or for other reasons. Abortion may also be performed surgically by hysterotomy or gravid hysterectomy. Hysterotomy abortion

3471-435: The developing world . However, medication abortions that are self-managed are highly effective and safe throughout the first trimester . Public health data show that making safe abortion legal and accessible reduces maternal deaths. Modern methods use medication or surgery for abortions. The drug mifepristone (aka RU-486) in combination with prostaglandin appears to be as safe and effective as surgery during

3560-748: The first and second trimesters of pregnancy. The most common surgical technique involves dilating the cervix and using a suction device . Birth control , such as the pill or intrauterine devices , can be used immediately following abortion. When performed legally and safely on a woman who desires it, induced abortions do not increase the risk of long-term mental or physical problems. In contrast, unsafe abortions performed by unskilled individuals, with hazardous equipment, or in unsanitary facilities cause between 22,000 and 44,000 deaths and 6.9 million hospital admissions each year. The World Health Organization states that "access to legal, safe and comprehensive abortion care, including post-abortion care ,

3649-551: The U.S., historian Linda Gordon states: "In fact, illegal abortions in this country have an impressive safety record." According to Rickie Solinger , A related myth, promulgated by a broad spectrum of people concerned about abortion and public policy, is that before legalization abortionists were dirty and dangerous back-alley butchers.... [T]he historical evidence does not support such claims. A 1940s American physician spoke of his pride in having performed 13,844 illegal abortions without any fatalities. In 1870s New York City,

Shield laws in the United States - Misplaced Pages Continue

3738-523: The US from 2000 to 2009, abortion had a mortality rate lower than plastic surgery , lower or similar to running a marathon, and about equivalent to traveling 760 miles (1,220 km) in a passenger car. Five years after seeking abortion services, women who gave birth after being denied an abortion reported worse health than women who had either first or second trimester abortions. The risk of abortion-related mortality increases with gestational age, but remains lower than that of childbirth. Outpatient abortion

3827-497: The United Kingdom, 1 to 2% of abortions are done because of genetic problems in the fetus. Miscarriage, also known as spontaneous abortion, is the unintentional expulsion of an embryo or fetus before the 24th week of gestation . A pregnancy that ends before 37 weeks of gestation resulting in a live-born infant is a " premature birth " or a "preterm birth". When a fetus dies in utero after viability , or during delivery , it

3916-596: The United States Congress; however, none of these bills have passed the Senate. A primary objection to recent efforts to pass a federal shield law has been concern about leaks of classified information, particularly given the modern potential of such leaks to be published globally on the Internet by non-traditional recipients, such as WikiLeaks, who might claim to be "journalists" under an unqualified shield law. Sometimes,

4005-540: The United States Supreme Court case Branzburg v. Hayes . Paul Branzburg was a reporter for The Courier-Journal in Louisville, Kentucky and wrote an article about the drug hashish . In creating the article, he came in contact with two local citizens who had created and used the drug. Because their activity was illegal, Branzburg promised the two individuals that he would not reveal their identities. After

4094-403: The United States where 96% of second trimester abortions are performed surgically by dilation and evacuation . A 2020 Cochrane Systematic Review concluded that providing women with medications to take home to complete the second stage of the procedure for an early medical abortion results in an effective abortion. Further research is required to determine if self-administered medical abortion

4183-726: The United States, some state-level anti-abortion laws are correlated with lower rates of abortion in that state. The analysis, however, did not take into account travel to other states without such laws to obtain an abortion. In addition, a lack of access to effective contraception contributes to unsafe abortion. It has been estimated that the incidence of unsafe abortion could be reduced by up to 75% (from 20 million to 5 million annually) if modern family planning and maternal health services were readily available globally. Rates of such abortions may be difficult to measure because they can be reported variously as miscarriage, "induced miscarriage", "menstrual regulation", "mini-abortion", and "regulation of

4272-565: The United States. The rate of complications of vacuum aspiration abortion in the first trimester is similar regardless of whether the procedure is performed in a hospital, surgical center, or office. Preventive antibiotics (such as doxycycline or metronidazole ) are typically given before abortion procedures, as they are believed to substantially reduce the risk of postoperative uterine infection; however, antibiotics are not routinely given with abortion pills. The rate of failed procedures does not appear to vary significantly depending on whether

4361-461: The abortion is performed by a doctor or a mid-level practitioner . Complications after second trimester abortion are similar to those after first trimester abortion, and depend somewhat on the method chosen. The risk of death from abortion approaches roughly half the risk of death from childbirth the farther along a woman is in pregnancy; from one in a million before 9 weeks gestation to nearly one in ten thousand at 21 weeks or more (as measured from

4450-411: The abortionist/midwife Madame Restell (Anna Trow Lohman) is said to have lost very few women among her more than 100,000 patients —a lower mortality rate than the childbirth mortality rate at the time. In 1936, obstetrics and gynecology professor Frederick J. Taussig wrote that a cause of increasing mortality during the years of illegality in the U.S. was that With each decade of the past fifty years

4539-467: The actual and proportionate frequency of this accident [perforation of the uterus] has increased, due, first, to the increase in the number of instrumentally induced abortions; second, to the proportionate increase in abortions handled by doctors as against those handled by midwives; and, third, to the prevailing tendency to use instruments instead of the finger in emptying the uterus. Women seeking an abortion may use unsafe methods, especially when abortion

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4628-435: The age and health of the pregnant woman. 80% of these spontaneous abortions happen in the first trimester. The most common cause of spontaneous abortion during the first trimester is chromosomal abnormalities of the embryo or fetus, accounting for at least 50% of sampled early pregnancy losses. Other causes include vascular disease (such as lupus ), diabetes , other hormonal problems , infection, and abnormalities of

4717-575: The article was published, Branzburg was subpoenaed by a local grand jury and ordered to reveal the identity of his sources. Branzburg refused and cited the provisions for freedom of the press from the First Amendment of the Constitution, in his defense. The Supreme Court decided in a five to four decision that the press did not have a Constitutional right of protection from revealing confidential information in court. The court acknowledged, however, that

4806-444: The availability of prostaglandin analogs in the 1970s and the antiprogestogen mifepristone (also known as RU-486) in the 1980s. The most common early first trimester medical abortion regimens use mifepristone in combination with misoprostol (or sometimes another prostaglandin analog, gemeprost ) up to 10 weeks (70 days) gestational age, methotrexate in combination with a prostaglandin analog up to 7 weeks gestation, or

4895-481: The cervix (dilation) and removing tissue (curettage) via suction or sharp instruments. D&C is a standard gynecological procedure performed for a variety of reasons, including examination of the uterine lining for possible malignancy, investigation of abnormal bleeding, and abortion. The World Health Organization recommends sharp curettage only when suction aspiration is unavailable. Dilation and evacuation (D&E), used after 12 to 16 weeks, consists of opening

4984-488: The damages, remanded the case to the Minnesota Supreme Court, which reinstated the jury's original verdict of $ 200,000. The Cowles Media Company was found liable based on a theory of promissory estoppel . The Supreme Court found, in a majority decision, that: Justice Blackmun 's dissent focussed on the proposition that applying promissory estoppel punished the publication of truth. Justice Souter 's dissent

5073-565: The defendant reportedly offering to remove accusations for a substantial fee. Conversely, in The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. the New Hampshire Supreme Court adopted a much broader definition of media that applies to blogs and website curators, reiterating that "freedom of the press is a fundamental personal right which is not confined to newspapers and periodicals." In July 2013

5162-466: The first trimester because of fetal abnormalities, more rigorous research would be needed to show this conclusively. Some proposed negative psychological effects of abortion have been referred to by anti-abortion advocates as a separate condition called " post-abortion syndrome ", but this is not recognized by medical or psychological professionals in the United States. A 2020 long term-study among US women found that about 99% of women felt that they made

5251-548: The government must "convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest." While this ruling did not set a precedent for journalistic rights in court, it did define a more stringent set of requirements for when a journalist could be subpoenaed in court. This ruling was limited in nature, did not set a clear federal precedent regarding journalistic privileges from revealing confidential information, and thus has been interpreted and cited differently by courts over

5340-424: The government. Judges could not quash a subpoena through a balancing test if prosecutors presented facts showing that the information sought might help prevent a terrorist attack or other acts likely to harm national security. The legislation would create a presumption that when the government is seeking calling records from a telephone carrier, the news organization would be notified ahead of time, allowing it to fight

5429-508: The incidence of abortion: In many places, where abortion is illegal or carries a heavy social stigma, medical reporting of abortion is not reliable. For this reason, estimates of the incidence of abortion must be made without determining certainty related to standard error . The number of abortions performed worldwide was characterized as stable in the early 2000s, with 41.6 million having been performed in 2003 and 43.8 million having been performed in 2008. The abortion rate worldwide

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5518-482: The indiscriminant use of herbs as abortifacients can cause serious—even lethal—side effects, such as multiple organ failure , such use is not recommended by physicians. Abortion is sometimes attempted by causing trauma to the abdomen. The degree of force, if severe, can cause serious internal injuries without necessarily succeeding in inducing miscarriage . In Southeast Asia, there is an ancient tradition of attempting abortion through forceful abdominal massage. One of

5607-453: The information outweighed the public's interest in unfettered news gathering. Ordinary criminal cases would work in a similar fashion, except the burden would be on the reporter seeking to quash the subpoena to show by a "clear and convincing" standard that the public interest in the free flow of information should prevail over the needs of law enforcement. Cases involving the disclosure of classified information would be more heavily tilted toward

5696-631: The last menstrual period). It appears that having had a prior surgical uterine evacuation (whether because of induced abortion or treatment of miscarriage) correlates with a small increase in the risk of preterm birth in future pregnancies. The studies supporting this did not control for factors not related to abortion or miscarriage, and hence the causes of this correlation have not been determined, although multiple possibilities have been suggested. Current evidence finds no relationship between most induced abortions and mental health problems other than those expected for any unwanted pregnancy. A report by

5785-412: The medical literature found that previous reviews did not use an appropriate control group. When a control group is utilized, receiving abortion is not associated with adverse psychological outcomes. However, women seeking abortion who are denied access to abortion have an increase in anxiety after the denial. Although some studies show negative mental-health outcomes in women who choose abortions after

5874-615: The most common surgical methods of induced abortion. Manual vacuum aspiration (MVA) consists of removing the fetus or embryo , placenta , and membranes by suction using a manual syringe, while electric vacuum aspiration (EVA) uses an electric pump. Both techniques can be used very early in pregnancy. MVA can be used up to 14 weeks but is more often used earlier in the U.S. EVA can be used later. MVA, also known as "mini-suction" and " menstrual extraction ", or EVA can be used in very early pregnancy when cervical dilation may not be required. Dilation and curettage (D&C) refers to opening

5963-491: The most protective shield law in the United States, a reporter waives the privilege when he talks about his sources and information outside of the newsgathering process, as did the reporter in Venezia. The Venezia court stated: "The privilege holder is not permitted to step from behind the shield as he pleases, sallying forth one moment to make a disclosure to one person and then to seek the shield's protection from having to repeat

6052-418: The necessary medical skill for dilation and extraction, or when preferred by practitioners, an abortion can be induced by first inducing labor and then inducing fetal demise if necessary. This is sometimes called "induced miscarriage". This procedure may be performed from 13 weeks gestation to the third trimester. Although it is very uncommon in the United States, more than 80% of induced abortions throughout

6141-993: The only access to the information sought is through the journalist and his or her source, and that the information sought is crucial to the case. 612 F.2d 708 (3rd Cir. 1979). States differ on their approach to protecting reporter's privilege. As of 2018, 49 states and the District of Columbia offer some form of protections Forty states (plus D.C.) have passed shield laws. These laws vary from state to state. Some protections apply to civil but not to criminal proceedings. Other laws protect journalists from revealing confidential sources, but not other information. Many states have also established court precedents which provide protection to journalists, usually based on constitutional arguments. Only Wyoming lacks both legislation and judicial precedent to protect reporter's privilege. Proponents of shield laws argue that they ensure that news gatherers may do their jobs to their fullest ability and that they help avoid

6230-470: The past decade; deaths from unsafe abortion account for around 13% of all maternal deaths . The World Health Organization believes that mortality has fallen since the 1990s. To reduce the number of unsafe abortions, public health organizations have generally advocated emphasizing the legalization of abortion, training of medical personnel, and ensuring access to reproductive-health services. A major factor in whether abortions are performed safely or not

6319-473: The plaintiff. The article attributed the statements to a source who was identified by name in the article; the source later denied making the defamatory statements. The plaintiff filed a defamation lawsuit against the newspaper, the reporter and the alleged source of the defamatory statements. When the plaintiff sought to question the newspaper reporter about the article, the reporter and his newspaper refused, claiming protection under New Jersey's shield law. It

6408-449: The press is not even immune from its sources, such as when the source wishes to remain anonymous and the journalist wishes to disclose it. Such was the case in Cohen v. Cowles Media Co. (1991). The Supreme Court upheld that a source may have a right to confidentiality if an agreement was made with the reporter. Unfortunately, the bigger issue of source disclosure gets even more confusing, since

6497-491: The press somewhat of an upper hand. However, since federal law does not recognize reportorial privilege in most cases, it is understandable how the press might feel muzzled. The shield law privilege may also be waived by a reporter, as the New Jersey Supreme Court recently found in the case of In re Michael G. Venezia . In that case, a New Jersey newspaper published an article containing defamatory statements about

6586-558: The procedure. Early medical abortions account for the majority of abortions before 9 weeks gestation in Britain , France , Switzerland , United States , and the Nordic countries . Medical abortion regimens using mifepristone in combination with a prostaglandin analog are the most common methods used for second trimester abortions in Canada , most of Europe, China and India , in contrast to

6675-482: The question of a link between induced abortion and breast cancer has been investigated extensively. Major medical and scientific bodies (including the WHO, National Cancer Institute , American Cancer Society , Royal College of OBGYN and American Congress of OBGYN ) have concluded that abortion does not cause breast cancer. In the past even illegality has not automatically meant that the abortions were unsafe. Referring to

6764-557: The right decision five years after they had an abortion. Relief was the primary emotion with few women feeling sadness or guilt. Social stigma was a main factor predicting negative emotions and regret years later. The researchers also stated: "These results add to the scientific evidence that emotions about an abortion are associated with personal and social context, and are not a product of the abortion procedure itself." Some purported risks of abortion are promoted primarily by anti-abortion groups, but lack scientific support. For example,

6853-409: The same disclosure to another person. A reporter cannot play peek-a-boo with the privilege." Thus, the Venezia court ordered that the reporter must submit to the plaintiff's deposition request. Venezia is highly significant because it marks the first time that a reporter has ever been found to have waived the privilege under New Jersey's current shield law, and because it explores the issue of what

6942-452: The second trimester are labor-induced abortions in Sweden and other nearby countries. Only limited data are available comparing labor-induced abortion with the dilation and extraction method. Unlike D&E, labor-induced abortions after 18 weeks may be complicated by the occurrence of brief fetal survival, which may be legally characterized as live birth. For this reason, labor-induced abortion

7031-406: The shield laws, and remained subject to prosecution for self-managing abortions. Abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus . An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end

7120-539: The source or information is revealed during the dissemination of the news story, that is whether or not the source or information is confidential. Depending on the jurisdiction, the privilege may be total or qualified, and it may also apply to other persons involved in the news-gathering and dissemination process as well, such as an editor or a publisher. However, shield laws do not ensure absolute protection. The issue of whether or not journalists can be subpoenaed and forced to reveal confidential information arose in 1972 with

7209-411: The subpoena in court. But the bill would also allow the government to seek a 45- to 90-day delay in notification if a court determines that such notice would threaten the integrity of the investigation. The legislation would also include an exception where journalists could be subpoenaed if it means national security is at risk. The Protect Reporters from Exploitative State Spying Act (PRESS Act, S.2074)

7298-416: The term abortion , when used without further qualification, generally refers to induced abortion. A pregnancy can be intentionally aborted in several ways. The abortion method depends upon the gestational age of the embryo or fetus, which gains mass as the pregnancy progresses. Abortion laws , regional availability, and the personal preference of the women and her doctor may inform the women's choice of

7387-476: The uterus. Advancing maternal age and a woman's history of previous spontaneous abortions are the two leading factors associated with a greater risk of spontaneous abortion. A spontaneous abortion can also be caused by accidental trauma ; intentional trauma or stress to cause miscarriage is considered induced abortion or feticide . Medical abortions are those induced by abortifacient pharmaceuticals. Medical abortion became an alternative method of abortion with

7476-425: The world's women had access to legal abortions without limits as to reason. Countries that permit abortions have different limits on how late in pregnancy abortion is allowed. Abortion rates are similar between countries that restrict abortion and countries that broadly allow it, though this is partly because countries which restrict abortion tend to have higher unintended pregnancy rates. Globally, there has been

7565-501: The years. The Third Circuit Court of Appeals, for instance, has gleaned a qualified First Amendment privilege from the Branzburg decision. In Riley v. City of Chester , the Court held that a reporter's right to protect his sources from disclosure could be overcome by a party who, by a preponderance of the evidence, demonstrated that he has made an effort to obtain the information elsewhere, that

7654-433: Was 28 per 1000 women per year, though it was 24 per 1000 women per year for developed countries and 29 per 1000 women per year for developing countries. The same 2012 study indicated that in 2008, the estimated abortion percentage of known pregnancies was at 21% worldwide, with 26% in developed countries and 20% in developing countries. Cohen v. Cowles Media Co. Cohen v. Cowles Media Co. , 501 U.S. 663 (1991),

7743-619: Was a U.S. Supreme Court case holding that the First Amendment freedom of the press does not exempt journalists from generally applicable laws. Dan Cohen , a Republican associated with Wheelock Whitney's 1982 Minnesota gubernatorial run, provided inculpatory information on the Democratic challenger for Lieutenant Governor, Marlene Johnson , to the Minneapolis Star Tribune and St. Paul Pioneer Press in exchange for

7832-474: Was awaiting consideration by the Senate Judiciary Committee , where it has bipartisan support, including three Republican sponsors. The bill has faced opposition from a small group of conservative senators, notably Tom Cotton (R-AR), who argue it could undermine law enforcement and national security. In recent years, a larger effort by journalists to press for federal shield laws formed following

7921-411: Was discovered, however, that the reporter had already given a statement under oath concerning the article—and, most important, the alleged source of the statement and exactly what that source said—to a local county prosecutor's office. The reporter also talked about his source and what the source said with a local municipal attorney. The Venezia court unanimously held that, while New Jersey has arguably

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