Reporters Privilege
Court Quashes Prosecution Subpoena to New Yorker Journalist
Fabio BertoniJudge 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.
DC Court Holds Journalist in Contempt for Refusing to Disclose Confidential Sources
Zachary BaboThough 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.”
New Jersey Appellate Division Affirms Dismissal of Defamation Claims Against Prominent Local Blogger
Joe Slaughter and Seth BerlinThe decision capped a long and winding case that ended up providing speech-friendly precedents on a number of valuable topics.
Nevada’s Shield Law Protects Murdered Journalist’s Phone and Computer
Madeleine Coles and Benjamin LipmanThe 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.”
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. BurkeThis 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.
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 OranThe 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.
Los Angeles Court KOs Boxing Writer Deposition and Enforces California Shield Law in “Fight of the Century” Case
Karl Olson and Zachary ColbethAttempts 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.
Florida Court Quashes Subpoena to Orlando Sentinel in Campaign Finance Trial
Minch MinchinA central Florida court denied a criminal defendant’s motion to subpoena four Orlando Sentinel Reporters under Florida’s journalists’ privilege.
Minnesota Judge Affirms Application of Shield Law, Orders Privilege Log Production Anyway
Christopher ProczkoJudge Klein’s order is a mixed result. On one hand, it strengthens the protections of Minnesota’s shield law, At the same time, though, Judge Klein explicitly refuses to address the First Amendment issues and orders Unicorn Riot and Georgiades to expend resources producing a privilege log.
Federal Judge Quashes Subpoena to Editors of The Detroit News in High Profile Litigation Regarding Flint Water Crisis
Andrew M. PauwelsJudge Levy found that the subpoenas unduly burdened Miles and Clarey as members of the media. She also found that the requesting parties had failed to establish a clear link between the requested information and the allegations at issue in the litigation.