Matter of Farber

Supreme Court of New Jersey

394 A.2d 330 (N.J. 1978)

In determining whether information obtained by a reporter in a journalistic investigation into a murder is sufficiently probative to overcome the intended protection of the confidentiality of media sources, the party seeking admission of the information must make a preliminary showing that there is a reasonable probability the information is relevant, and if such a showing is made, the trial judge must make an ultimate ruling on the information’s relevance after conducting an in camera review examining the information.

Relevant Facts

Farber (the defendant) was a reporter for the New York Times. The defendant investigated the criminal activity of Mario Jascalevich and contributed to Jascalevich’s prosecution and subsequent trial for murder. The court in the murder trial ordered the defendant to produce materials compiled in his investigation into Jascalevich. The defendant declined to produce his materials and was charged with contempt of court. Subsequently, the defendant was found guilty of contempt, sentenced to jail, and he appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

394 A.2d 330 (N.J. 1978)