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Reporters Privilege

Jun 2024

Court Holds Information, Like Unicorns, Should Be Free: Unicorn Riot and the Minnesota Shield Law

Christopher Proczko

The Minnesota Court of Appeals issued a precedential opinion strengthening the protections of Minnesota’s shield law. The decision is a welcome reinforcement to the media’s protections against third-party subpoenas.

Apr 2024

Court Quashes Prosecution Subpoena to New Yorker Journalist

Fabio Bertoni

Judge Schofield held that, even though the government sought solely to authenticate non-confidential, on-the-record statements that were published in The New Yorker article, it must meet the heightened standard required for confidential information, because confidential source information is within the scope of a potential defense cross-examination of the reporter.

Apr 2024

DC Court Holds Journalist in Contempt for Refusing to Disclose Confidential Sources

Zachary Babo

Though the district court found Herridge in contempt, Judge Cooper’s opinion noted the possibility that the D.C. Circuit could “take the opportunity to refine the applicable First Amendment test in Herridge’s favor or recognize a new federal common law newsgathering privilege broader than the constitutional analog.” 

Feb 2024

Search Warrant Response Playbook

In the wake of recent law enforcement raids on the Marion County Record and the home of freelance journalist Brian Carmody, the MLRC Criminal Law Committee has put together this guide on how to respond when news clients are served with a search warrant.

Jan 2024

New Jersey Appellate Division Affirms Dismissal of Defamation Claims Against Prominent Local Blogger

Joe Slaughter and Seth Berlin

The decision capped a long and winding case that ended up providing speech-friendly precedents on a number of valuable topics.

Nov 2023

Nevada’s Shield Law Protects Murdered Journalist’s Phone and Computer

Madeleine Coles and Benjamin Lipman

The court also ruled, for the first time, that the reporter’s privilege survives the death of the reporter who gathered the information, finding that to hold otherwise would “be directly contrary to the statute’s purpose.”

Nov 2023

Bakersfield Californian v. Superior Court of Kern County: After an Unsuccessful Criminal Subpoena Challenge, Depublication of the Court of Appeal’s Decision is Sought

Sarah E. Burns and Thomas R. Burke

This article summarizes why the unique facts of this case render the opinion an inappropriate precedent that endangers journalists and publishers in future Shield Law situations.

Sep 2023

New York Appellate Court Holds, For the First Time, That Orders Denying Motions on Shield Law are Reviewable via Article 78

Kate Bolger, Abigail Everdell, and Hilary Oran

The Third Department’s decision not only confirms the procedure for challenging denials of motions to quash during pending criminal proceedings, it also articulates a broad view of the Shield Law’s protections.

Sep 2023

Los Angeles Court KOs Boxing Writer Deposition and Enforces California Shield Law in “Fight of the Century” Case

Karl Olson and Zachary Colbeth

Attempts to depose a former Los Angeles Times boxing writer went down for the count and the First Amendment and shield law emerged in their rightful place as the heavyweight champion last month in a Los Angeles courtroom.

Feb 2023

Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial

Minch Minchin

A central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.