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Court overturns fines against reporter

Article Abstract:

The Vermont Supreme Court overturned a trial court ruling in Vermont v. Gundlah ex rel. Smallheer, saying that reporter Susan Smallheer did not have to pay legal fees and prospective contempt fines for her refusal to give evidence in a criminal trial. The court said Vermont procedure requires each side to pay its own legal fees except in the case of frivolous litigation. Prospective contempt fines were held inappropriate because there was no Vermont precedent on journalistic privilege when they were imposed.

Cases, Attorneys, Lawyers' fees, Fines (Penalties)

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Court finds reporter's privilege only when media being harassed

Article Abstract:

The US Court of Appeals for the 5th Circuit ruled in United States v. Smith that a television station must respond to a subpoena by a federal prosecutor for nonconfidential outtakes, as the First Amendment only protected the press against subpoenas used to harass its members. The court ruled that the information's availability from other sources was irrelevant since that information was not protected by the qualified reporter's privilege.

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Court reaffirms qualified reporter's privilege for nonconfidential information: but panel lowers the standard parties must meet

Article Abstract:

The US Court of Appeals for the 2d Circuit ruled in Gonzales v. National Broadcasting Co. that the journalists' privilege for nonconfidential information is qualified and set a lower standard for overcoming this privilege, in contrast to confidential information where the standard is higher and more difficult to overcome.

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