You will use your critical thinking skills to assess the following situation and answer the prompts in an initial post. Review the below scenario and explain the criminal evidence law surrounding the circumstances with rules for witness evidence. Name the four stages of questioning, and briefly explain each one. What constitutes impeachment of a witness? Explain shield laws. Who generally invokes them, and why? In the case provided, determine if Baler qualifies for the protections of the shield law and why or why not. Does privilege extend to social media comments or online message boards in open forums?
Shelly Baler posted comments regarding the criminal activity within the entertainment industry on a websites message boards. One of the message boards provided an online platform for people to post unfiltered comments relating to the industry. Most of the content was open to anyone with Internet access and no password was needed to enter the site as it was an open forum. In late 2007, an investigation focused on reports of a security breach of the database, a software manufactured by Fans of Media, LLC. Baler claimed that she conducted a detailed probe of the breach, including talking with sources on a confidential basis. She posted multiple entries on the message board suggesting that Fans of Media had violated New Jersey law, had profited from the breach, and its principals had threatened people who questioned their conduct, including one of her confidential sources. Fans of Media filed a complaint against Baler alleging defamation and false light. Fans of Media sought to depose Baler during discovery. Subsequently, Baler moved for a protective order, asserting that she was a reporter entitled to the protections of New Jersey’s Shield Law, N.J.S.A. 2A:84A-21 to -21.8a statute that allowed news reporters to protect the confidentiality of sources and news or information gathered during the course of their work.
New Jersey’s Code for N.J.S.A. 2A:84A-21 to -21.8:
2A:84A-21. Newspaperman’s privilege
Rule 27.
Subject to Rule 37, a person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or quasi-legal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere.
a. The source, author, means, agency or person from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered; and
b. Any news or information obtained in the course of pursuing his professional activities whether or not it is disseminated.
The provisions of this rule insofar as it relates to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least 1 year from the date of an actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast.
L.1960, c. 52, p. 458, s. 21, eff. July 1, 1960. Amended by L. 1977, c. 253, s. 1, eff. Oct. 5, 1977.