As I noted previously, the Massachusetts legislature's Joint Committee on the Judiciary held a hearing this week on a bill to create a journalist shield law in Massachusetts. House Bill 2255, the Free Flow of Information Act, sponsored by Rep. Alice Hanlon Peisch (D-Wellesley), would bar state government from compelling members of the news media to disclose the source of any news or information.
WWLP State House Reporter Christine Lee covered the hearing and filed this report. It includes interviews with media lawyer Jon Albano, Rep. Peisch and me.
Showing posts with label reporter's privilege. Show all posts
Showing posts with label reporter's privilege. Show all posts
Wednesday, March 07, 2012
Sunday, March 04, 2012
Legislature Sets March 6 Hearing on Journalist Shield Bill for Mass.
The Joint Committee on the Judiciary will hold a hearing this week on a bill to create a journalist shield law in Massachusetts. House Bill 2255, the Free Flow of Information Act, sponsored by Rep. Alice Hanlon Peisch (D-Wellesley), would bar state government from compelling members of the news media to disclose the source of any news or information.
The hearing is set for Tuesday, March 6, at 1 p.m. in State House Room A-2.
The bill would also bar the compelled disclosure of notes, outtakes, film and other materials collected by a reporter but not used in any news report, unless a court first determines that the information cannot be obtained anywhere else and there is an overriding public interest in the disclosure.
In addition to barring disclosure of sources and notes, the bill would prohibit the state from compelling a reporter to testify except in cases where disclosure of the identity of a source is necessary to prevent imminent acts of terrorism.
Massachusetts is one of only 10 states that does not have a statute that shields journalists from subpoenas. Last April, West Virginia became the 40th state to enact such a law. The District of Columbia also has a shield law.
The Massachusetts Newspaper Publishers Association and the Massachusetts Broadcasters Association will be among those testifying at Tuesday's hearing. Others with an interest in this bill are encouraged to testify or attend and show their support.
Tuesday, March 08, 2011
Reporter's Privilege Protects Globe Reporter from Testifying in Street Performer's Lawsuit
A federal judge in Boston today ruled that Boston Globe reporter Donovan Slack will not be forced to give testimony in a civil rights lawsuit filed by a former Faneuil Hall street performer against the city of Boston. U.S. District Judge Beryl A. Howell ruled that a qualified reporters' privilege under the First Amendment protected Slack from being forced to testify.
"Courts have recognized a qualified privilege under the First Amendment for reporters to protect them from compelled disclosure of information, which they have obtained as part of their news gathering role," Judge Howell wrote. "The reporter's privilege stems from recognition of the 'preferred position of the First Amendment' in our society and 'the importance of a vigorous press.'"
Slack wrote a story for the Globe in 2008 about restrictions imposed by the city of Boston on street performers at Faneuil Hall. Bruce Peck sought to compel Slack to testify in his lawsuit claiming that the city's restrictions violated his First Amendment rights of free speech. When Peck subpoenaed Slack, she asked the federal court to quash the subpoena.
While the reporter's privilege is often raised in cases involving confidential information, Judge Howell wrote that it is also recognized in cases -- such as this one -- involving nonconfidential information. "If a reporter's privilege did not apply to nonconfidential information, it would result 'in a wholesale exposure of press files to litigant scrutiny [and] would burden the press with heavy costs of subpoena compliance.'"
The First Circuit (which includes Boston) applies a two-prong balancing test to determine whether the reporter's privilege applies, Judge Howell said. First, the court must evaluate the litigant's need for the information, considering not merely whether the information is relevant, but whether it is important to the litigant's case. Second, the court must consider whether the party seeking the information has exhausted all reasonably available alternative sources.
Peck, the plaintiff in this case, sought Slack's testimony in order to confirm the limited size of the area the city of Boston allowed for street performers. This piece of information was critical to the court's analysis of Peck's First Amendment claims, Judge Howell ruled, and thereby weighed in favor of compelling Slack's testimony.
However, turning to the second prong of the balancing test, Judge Howell concluded that Peck had failed to demonstrate that no alternate sources for the information existed. Peck offered only "general descriptions" of his efforts to obtain the information elsewhere, "and these descriptions are insufficient to sustain his burden of showing that alternative sources are unavailable."
"Without a proper showing that alternative sources do not exist, the Court will not override the reporter’s privilege and force Ms. Slack to testify in connection with the plaintiff’s case," Judge Howell concluded.
Judge Howell's 14-page opinion contains a thoughtful discussion of the reporter's privilege law and is well worth taking the time to read.
[Hat tip to Suits & Sentences for alerting me to the case.]
"Courts have recognized a qualified privilege under the First Amendment for reporters to protect them from compelled disclosure of information, which they have obtained as part of their news gathering role," Judge Howell wrote. "The reporter's privilege stems from recognition of the 'preferred position of the First Amendment' in our society and 'the importance of a vigorous press.'"
Slack wrote a story for the Globe in 2008 about restrictions imposed by the city of Boston on street performers at Faneuil Hall. Bruce Peck sought to compel Slack to testify in his lawsuit claiming that the city's restrictions violated his First Amendment rights of free speech. When Peck subpoenaed Slack, she asked the federal court to quash the subpoena.
While the reporter's privilege is often raised in cases involving confidential information, Judge Howell wrote that it is also recognized in cases -- such as this one -- involving nonconfidential information. "If a reporter's privilege did not apply to nonconfidential information, it would result 'in a wholesale exposure of press files to litigant scrutiny [and] would burden the press with heavy costs of subpoena compliance.'"
The First Circuit (which includes Boston) applies a two-prong balancing test to determine whether the reporter's privilege applies, Judge Howell said. First, the court must evaluate the litigant's need for the information, considering not merely whether the information is relevant, but whether it is important to the litigant's case. Second, the court must consider whether the party seeking the information has exhausted all reasonably available alternative sources.
Peck, the plaintiff in this case, sought Slack's testimony in order to confirm the limited size of the area the city of Boston allowed for street performers. This piece of information was critical to the court's analysis of Peck's First Amendment claims, Judge Howell ruled, and thereby weighed in favor of compelling Slack's testimony.
However, turning to the second prong of the balancing test, Judge Howell concluded that Peck had failed to demonstrate that no alternate sources for the information existed. Peck offered only "general descriptions" of his efforts to obtain the information elsewhere, "and these descriptions are insufficient to sustain his burden of showing that alternative sources are unavailable."
"Without a proper showing that alternative sources do not exist, the Court will not override the reporter’s privilege and force Ms. Slack to testify in connection with the plaintiff’s case," Judge Howell concluded.
Judge Howell's 14-page opinion contains a thoughtful discussion of the reporter's privilege law and is well worth taking the time to read.
[Hat tip to Suits & Sentences for alerting me to the case.]
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