12 Cited authorities

McIntyre v. Ohio Elections Comm'n
514 U.S. 334 (1995) Cited 788 times 4 Legal Analyses
Holding that anonymous speech is constitutionally protected
New York Times Co. v. United States
403 U.S. 713 (1971) Cited 861 times 3 Legal Analyses
Holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press
Immuno Ag. v. Moor-Jankowski
77 N.Y.2d 235 (N.Y. 1991) Cited 375 times
Holding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment
O'Neill v. Oakgrove Constr
71 N.Y.2d 521 (N.Y. 1988) Cited 165 times 1 Legal Analyses
Recognizing a qualified privilege arising under the federal and the state constitutions for non-confidential materials
Gonzales v. National Broadcasting Co., Inc.
186 F.3d 102 (2d Cir. 1998) Cited 79 times
Holding that nonconfidential materials are protected under the journalist's privilege because there is a "broader concern for the potential harm to the 'paramount public interest in the maintenance of a vigorous, aggressive and independent press'" (quoting Baker, 470 F.2d at 782)
Matter of Beach v. Shanley
62 N.Y.2d 241 (N.Y. 1984) Cited 91 times 2 Legal Analyses
In Beach we held that a Grand Jury subpoena should have been quashed where the only testimony sought was the identity of a broadcast reporter's confidential source.
Codey (Capital Cities, Abc)
82 N.Y.2d 521 (N.Y. 1993) Cited 23 times 2 Legal Analyses
Argued August 31, 1993 Submitted on reargument October 12, 1993 Decided November 22, 1993 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Herbert J. Adlerberg, J. Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart, Patrick J. Hynes and Paul Harnisch of counsel), for appellant. Patterson, Belknap, Webb Tyler, New York City (Gregory L. Diskant and Paul W. Laisure of counsel), for respondent. TITONE, J. Petitioner
Matter of Magrino
226 A.D.2d 218 (N.Y. App. Div. 1996) Cited 7 times
April 16, 1996 Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.). The IAS Court properly concluded that the published and unpublished video footage of the HBO interview with the Florida criminal defendant was "material and necessary" under CPL 640.10 (2). For one thing, there is a "logical relationship" between the aired footage and the "subject matter of the [manslaughter trial]" ( Matter of Codey [Capital Cities, Am. Broadcasting Corp.], 82 N.Y.2d 521, 529). The unused outtakes
Application of Consumers Union of U.S., Inc.
495 F. Supp. 582 (S.D.N.Y. 1980) Cited 22 times
Declining to compel disclosure as to information received from sources where discovery represented unwarranted burden on publisher as balanced against the need for such material
Gonzales v. Pierce
175 F.R.D. 57 (S.D.N.Y. 1997) Cited 2 times
175 F.R.D. 57 (S.D.N.Y. 1997) Albert GONZALES and Mary Gonzales, Plaintiffs, v. Deputy Darrell PIERCE, Defendant. No. M8-85 (HB). United States District Court, S.D. New York. September 26, 1997 Motorists sued deputy sheriff for stop and detention without any probable cause and reasonable suspicion and alleged pattern of conduct of unwarranted stops in discriminatory manner to seize assets for forfeiture under state drug asset forfeiture law, and sought compensatory and punitive damages and injunctive
Section 79-H - Special provisions relating to persons employed by, or connected with, news media
N.Y. Civ. Rights Law § 79-H Cited 184 times 5 Legal Analyses
Applying New York's Shield Law only to "professional journalists and newscasters"
Section 13-90-119 - Privilege for newsperson
Colo. Rev. Stat. § 13-90-119 Cited 16 times
Explaining that the privilege may be waived by disclosure

In the Matter of James Holmes, Respondent,v.Jana Winter, Appellant,

12 Cited authorities

Holding that anonymous speech is constitutionally protected

Holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press

Holding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment

Recognizing a qualified privilege arising under the federal and the state constitutions for non-confidential materials

Holding that nonconfidential materials are protected under the journalist's privilege because there is a "broader concern for the potential harm to the 'paramount public interest in the maintenance of a vigorous, aggressive and independent press'" (quoting Baker, 470 F.2d at 782)

In Beach we held that a Grand Jury subpoena should have been quashed where the only testimony sought was the identity of a broadcast reporter's confidential source.

Declining to compel disclosure as to information received from sources where discovery represented unwarranted burden on publisher as balanced against the need for such material

Applying New York's Shield Law only to "professional journalists and newscasters"

Explaining that the privilege may be waived by disclosure