Reply #43: I don't think she would be protected...

[SteppingRazor]

CA's shield law protects "a publisher, editor, reporter, or other person connected with or employed unpon a newspaper, magazine, or other periodical publication, or by a press association or wire service" and a "radio or television news reporter or other person connected with or employed by a radio or television station." The Shield Law also likely applies to stringers, freelancers, and perhaps authors, though that's iffy.

And even if she were protected, the Shield Law doesn't apply if:

1. The defendant demonstrates a reasonable possibility that the information with materially assist the defense; and
2. The defendant's fair trial rights outweigh the journalist's rights. In deciding this, a court will consider:

A. The degree of importance of the informaiton to the defendant
B. Whether the information is otherwise available from another source and the defendant has attempted to obtain it.
C. If testifying would hinder the newsgathering ability of the reporter
D. If the information is confidential or sensitive

If the court does order disclosure of the information, it must:

1. Give the reporter 5 days notice before a contempt citation witll be issued
2. Issue a written order
• Disclosure of information under these conditions does not constitute a waiver of the right to assert the Shield Law for the same information in the future