CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......News Media Privilege
.........Application
 20 Cards On This Topic:
  • Reporter's invocation of newsperson's shield law did not prevent D from properly challenging the admission of an incriminating letter by thwarting his ability to confront and cross-examine the reporter.
  • D failed to meet Delaney's threshold test for disclosure, and no abuse of discretion in trial court's use of shield law in protecting reporter's notes.
  • Newsperson can’t be held in contempt for refusing to surrender unpublished information under shield law.
  • Absoluteness of the immunity in shield law only yields to conflicting federal or state constitutional right.
  • Proper procedure for application of shield law in criminal cases.
  • Shield law's protection for "unpublished information" includes unpublished, nonconfidential eyewitness observation of occurrence in public place, but must be balanced by criminal D's interests.
  • Shield law's protection is overcome in criminal proceeding on showing that nondisclosure would deprive D of ••federal•• constitutional right to fair trial.
  • Shield law only provides immunity from contempt; it is not a privilege.
  • Shield law provides absolute immunity from contempt in civil cases.
  • Shield law does not preclude sanctions other than contempt; witness subpoena sanctions proper, but not effective as practical matter.
  • No writ relief available until after newsperson adjudged in contempt.
  • Trial court properly applied Shield Law in denying P's motion to compel deposition of reporters for questioning about newspaper article in which allegedly defamatory statements appeared.
  • Trial court did not err in upholding newsperson's shield law immunity to restrict D in cross-examining reporter on unpublished information from his postarrest interview with her.
  • Criminal defense W's right to resist cross-exam on shield law grounds balanced against D's right to fair trial.
  • Journalist's privilege protects only if information sought to be discovered was obtained and used for legitimate journalistic purposes.
  • Shield law protects news media from contempt absent specific showing that source nondisclosure will create substantial probability of injury to crim. D's right to fair trial.
  • Freelance journalist and unpublished W tapes and information are protected by reporter's shield law; to overcome, D must show reasonable possibility disclosure will aid defense and lack of alternative info source.
  • Party seeking to avoid privilege must show that information not available from source less intrusive.
  • Subpoena will be enforced where necessary to protect D's right to fair trial and information not available through other sources.
  • Ps fail to overcome nonparty journalist's privilege re tapes and materials used for book on family feud underlying libel suit against father.


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