Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
Digital Journalist's Legal Guide
Search the Reporter's Privilege Compendium
Yes, a reporter should never volunteer any information to anyone, beyond what appears in the published article, after a story has been published. Any voluntary disclosure of information beyond what was published may be deemed a waiver of the privilege under the First Amendment. Cf. United States v. Bahe, 128 F.3d 1440, 1442 (10th Cir. 1997) (discussing in general waiver of testimonial privileges through voluntary disclosure).
10th Cir.
There is no case law discussing the contours of waiver of the reporters privilege.
10th Cir.
Ordinarily a person must first appear for his deposition and then raise any objection to the particular testimony or documentation sought. See Silkwood v. Kerr-McGee Corp., 563 F.2d 433, 437 (10th Cir. 1977). An alternative approach is to request of demand that a deposition be conducted through written interrogatories. See Fed. R. Civ. P. 31. This procedure, which was ordered to be employed by the United States District Court for the District of Colorado in Donohue v. Hoey, Civil Action No. 97-M-2595, allows the reporter's counsel to assert the privilege on a question-by-question basis and permits the Court to determine whether the privilege applies and/or is overcome prior to ordering any response be given.
10th Cir.
Newspaper articles are self-authenticating. See Fed. R. Evid. 902(6). Thus, if a party seeks to introduce articles for purposes of demonstrating that there has been significant publicity about a case (e.g., in support of motion to change venue), there is no need to have any witness authenticate that such newspaper article actually appeared in the paper.
10th Cir.
There is no case law addressing these specific issues in the context of a reporter's assertion of privilege. However, the federal rules of criminal and civil procedure expressly provide for contempt sanctions to be entered against any person who refuses to comply with a court order, including a subpoena. See Fed. R. Civ. P. 45(e); Fed. R. Crim. P. 17(g).
10th Cir.
There is no case law discussing any of these points in the context of an assertion of reporter's privilege; see generally Fed. R. App. P. 8. Generally, a non-party witness may not appeal an order denying a motion to quash or compelling production of records; an entry of an order holding the witness in contempt of court is deemed a "final" (appealable) order. Of course, counsel should seek to obtain a stay of any contempt sanctions pending the appeal (which is not a foregone conclusion).
10th Cir.
10th Cir.
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