Ny State Supreme Court Says Journalist Waived 'Shield Law' by Disclosure

Summary

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Where the plaintiff served a journalist with a non-party judicial subpoena, the journalist refused to testify invoking his rights under New York State Civil Rights Law Section 79-h.

Reviewing the facts in Constance Guice-Mills v. Reverend Dr. James A. Forbes, Jr. and Frank Boone, New York State Supreme Court, New York County Judge Walter B. Tolub determined the journalist waived the exemption of the state's Shield Law by voluntarily disclosing specific information. The court determined the journalist was subject to the subpoena compelling his testimony.

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Extract

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Ny State Supreme Court Says Journalist Waived 'Shield Law' by Disclosure

The Facts

In July 2002, Daniel Wakin, a reporter for The New York Times, wrote an article about the defendant, Reverend Dr. James A. Forbes, Jr., the principal minister of the Riverside Church, alleging that Forbes mismanaged church funds.

As part of the research for his story, Wakin conducted multiple interviews with chu...

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