In Branzburg v. Hayes, 408 U.S. 665 (1972), a majority of the United States Supreme Court rejected the argument that news reporters have a testimonial privilege: We are asked to create another privilege by interpreting the First Amendment to grant newsmen a testimonial privilege that other citizens do not enjoy. This we decline to do. Fair and effective law enforcement aimed at providing security for the person and property of the individual is a fundamental function of government, and the grand jury plays an important, constitutionally mandated role in this process. On the records now before us, we perceive no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings is insufficient to override the consequential, but uncertain, burden on news gathering that is said to result from insisting that reporters, like other citizens, respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial. Id. at 690 Although it did not establish a privilege, the Branzburg Court noted that news gathering is not without its First Amendment protections, and grand jury investigations if instituted or conducted other than in good faith, would pose wholly different issues for resolution under the First Amendment. Official harassment of the press undertaken not for purposes of law enforcement but to disrupt a reporter's relationship with his news sources would have no justification. Grand juries are subject to judicial control and subpoenas to motions to quash. We do not expect courts will forget that grand juries must operate within the limits of the First Amendment as well as the Fifth. Id. at 707-08. In a concurring opinion, Justice Powell stated: Indeed, if the newsman is called upon to give information bearing only a remote and tenuous relationship to the subject of the investigation, or if he has some other reason to believe that his testimony implicates confidential source relationships without a legitimate need of law enforcement, he will have access to the court on a motion to quash and an appropriate protective order may be entered. The asserted claim to privilege should be judged on its facts by the striking of a proper balance between freedom of the press and the obligation of all citizens to give relevant testimony with respect to criminal conduct. The balance of these vital constitutional and societal interests on a case-by-case basis accords with the tried and traditional way of adjudicating such questions. Id. at 710. The Branzburg dissent advocated a rule that would require the government to prove three elements before a news reporter could be compelled to testify before a grand jury: (1) "there is probable cause to believe that the newsman has information that is clearly relevant to a specific probable violation of law;" (2) "the information sought cannot be obtained by alternative means less destructive of First Amendment rights;" and (3) the government has "a compelling and overriding interest in the information." Id. at 743.