Reporters Privilege
Court Quashes Document Subpoena to Freelance Journalist
James J. McGuire and Daniela Abratt-CohenApplying both Florida and New York law, the Southern District of New York recognized that a journalist’s notes, interviews, and other newsgathering materials are protected from discovery under the journalist’s privilege.
The Other Side of Leak Investigations: Defending the Press and Reporters
Eric R. Nitz & Kenneth E. Notter IIIThe Department of Justice has a variety of statutes at its disposal to investigate and potentially prosecute government employees who leak and the journalists who receive leaked information. Yet with skilled counsel, targets of leak investigations can successfully navigate these investigations by following certain best practices and staying ahead of the likely trends in leak…
Court Holds Information, Like Unicorns, Should Be Free: Unicorn Riot and the Minnesota Shield Law
Christopher ProczkoThe 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.
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.”
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.
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.