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.
When the media is a party in the district court action, 28 U.S.C. § 1292(b) grants discretion in the Court of Appeals to hear an interlocutory appeal based upon a finding that the decision below involves a controlling point of law as to which there is a substantial ground for difference of opinion and that an immediate appeal may advance the termination of the litigation. (There is case law in other Circuits granting such interlocutory appeals in reporter's privilege cases).
To the United States Court of Appeals for the Tenth Circuit.
Rule 8 of the Federal Rules of Appellate Procedure allows a party to move for a stay pending appeal and outlines the procedures that must be followed in requesting a stay.
Before a holding of contempt, an interlocutory appeal under 28 U.S.C. 1657 may be available but is discretionary. After a contempt holding, the appeal is by right.
The Tenth Circuit reviews questions involving the interpretation and application of constitutional (First Amendment) provisions by applying the doctrine of "independent appellate review." See, e.g., Melton v. City of Oklahoma City, 928 F.2d 920, 927-28 (10th Cir. 1991)
An appeals court may affirm, dissolve or remand a finding of contempt and may affirm, deny or remand an order compelling disclosure.