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Reporters Privilege

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.

Jan 2023

Minnesota Judge Affirms Application of Shield Law, Orders Privilege Log Production Anyway

Christopher Proczko

Judge 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.

Nov 2022

Federal Judge Quashes Subpoena to Editors of The Detroit News in High Profile Litigation Regarding Flint Water Crisis

Andrew M. Pauwels

Judge 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. 

Oct 2022

Catholic Church Subpoena for Berkshire Eagle’s Confidential Sources

Jeffrey J. Pyle

On October 3, a Massachusetts Superior Court judge issued a revised order protecting Berkshire Eagle investigations editor Larry Parnass – at least for now – from having to identify his confidential sources for a story about clergy sex abuse in western Massachusetts.

Oct 2022

Journalist Jim DeRogatis Avoids Having to Testify in R. Kelly Criminal Trial

Damon E. Dunn and Seth A. Stern

The federal judge presiding over the recent criminal trial of singer R. Kelly in Chicago quashed a defense subpoena for the testimony of Jim DeRogatis, the journalist and author who first exposed R. Kelly’s abuse of young women.

Jun 2022

Minnesota Court Quashes Subpoena to Local Reporter Who Interviewed Jailed Suspect

Isabella Salomão Nascimento

The ruling is a clear recognition of the strength of the Minnesota Free Flow of Information Act, its processes, and the Act’s expansive definition of who qualifies for its protection.

Dec 2021

Federal Court Rejects City of Phoenix’s Subpoena of Video from Television Reporter Who Exposed Police Misconduct

Kennison Lay

The judge concluded the city had not satisfied its burden to overcome the station’s qualified First Amendment journalist’s privilege.

Dec 2021

D.C. Federal Court Vindicates Key Arguments for Quashing Subpoenas to the Media in Associated Press Case

Matthew E. Kelley and Leslie Minora

A federal judge has granted a motion to quash by an Associated Press reporter on the basis of reporters’ privilege, rejecting several often-heard arguments from the proponent of the subpoena.