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发帖数: 29846 | 1 New York's top court blocks Colorado from forcing Fox reporter to reveal
sources or face jail
New York's top court today spared FoxNews.com reporter Jana Winter from jail
for refusing to reveal confidential sources for a bombshell story following
the Aurora movie massacre.
In a 4-3 ruling based on New York's shield law, the state Court of Appeals
reversed a lower court's decision that could have resulted in Winter being
forced to appear in the Colorado murder trial of James Holmes.
"... an order from a New York court directing a reporter to appear in
another state where, as here, there is a substantial likelihood that she
will be compelled to identify sources who have been promised confidentiality
would offend our strong public policy," the decision, handed down Tuesday,
read.
"Today's ruling is a major win for all journalists."
- Fox News Chairman and CEO Roger Ailes
The ruling spares Winter from appearing before Arapahoe County District
Court Judge Carlos Samour Jr. on Jan. 3, where she would have been ordered
to reveal who told her about a chilling notebook gunman James Holmes sent to
his psychiatrist before the shooting in July 2012. Winter's exclusive story
on July 25, 2012, was picked up by news outlets around the world. Winter
had steadfastly vowed that she would go to jail rather than reveal her
sources for the story.
"Today's ruling is a major win for all journalists," said Fox News Chairman
and CEO Roger Ailes. "The protection of Jana Winter's confidential sources
was necessary for the survival of journalism and democracy as a whole. We
are very grateful that the highest court in New York State agreed with our
position."
Winter's lead attorney, Dori Ann Hanswirth, said the veteran journalist was
finally freed from the specter of jail, which had hung over her head for
more than a year. She said journalists must be able to afford their sources
protection if they are to serve the public interest.
"Confidential newsgathering is essential for investigative journalism to
flourish, and the New York Court of Appeals has issued a broad decision
protecting all New York-based journalists," Hanswirth said. "Today's victory
is as much for Jana Winter as it is for all journalists and the public,
which has a right to receive news from confidential sources."
Read the New York Court of Appeals' decision here
In a dissenting opinion, Justice Robert Smith said New York's shield law
should not apply to the case, because Winter's communication with her source
appears to have taken place in Colorado.
"The majority is holding, in substance, that a New York reporter takes the
protection of New York's Shield Law with her when she travels -- presumably,
anywhere in the world," wrote Smith. "This seems to me an excessive
expansion of New York's jurisdiction, one that is unlikely to be honored by
other states or countries or to attain the predictability that the majority
says is its goal."
But the majority said that New York has a right to impose the values behind
its shield law when it is asked to apply New York process to a journalist.
"New York law governs here since we are applying New York statutory and
decisional law ... to determine whether a New York court should issue a
subpoena," read the majority decision.
The case generated widespread support for Winter from First Amendment groups
and journalism advocates.
“This is a great ruling," said David Cuillier, president of the Society of
Professional Journalists. "It’s so important and crucial to have the
ability for sources to come forward with information that’s vital to the
public. This is a prime example why we need strong shield laws in every
state and at the federal level. Democracy and freedom shouldn’t depend on
where you live.”
In addition to fearing the subpoena could chill sources from talking to
journalists in general, Winter's attorneys argued that the case had already
take a toll on her ability to gather information.
The lower New York court issued the subpoena at the request of Holmes’
defense team and with authorization from the Colorado court last January
requiring Winter to appear in Colorado. An appellate court ruled 3-2 against
Winter, but the close decision automatically triggered her right to take
the case to the Court of Appeals. | I******I
发帖数: 14241 | 2 科州民警果断出动，对涉嫌造谣的fox系女记者进行跨省抓捕。 |
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