Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Shield Law Extended to Bloggers in New Jersey

Author: Joel N. Kreizman

Date: May 8, 2013

Key Contacts

Back

New Jersey continues to have one of the broadest journalist shield laws in the country. Most recently, a state court judge for the first time extended the privilege to an independent blogger.

As we have previously discussed on this Business Law Blog, the New Jersey Shield Law (N.J.S.A. 2A:84A-21) provides a privilege to members of the “news media” that allows them to refuse to disclose sources and other information obtained in the course of pursuing their professional activities. “News media” is defined as “newspapers, magazines, press associations, news agencies, wire services, radio, [and] television” or “other similar… means of disseminating news to the general public” _ _ whether “printed, photographic, mechanical or electronic.”

In In re January 11, 2013 Subpoena by the Grand Jury of Union County, New Jersey, 13-0001, Superior Court Judge Karen Cassidy quashed a grand jury subpoena requiring the appearance and testimony of Tina Renna, who writes content for a website called “The County Watchers” on behalf of the Union County Watchdog Association. The subpoena sought information related to posts on the website alleging that county employees improperly took county generators for personal use after Hurricane Sandy.

In her motion to quash, Renna argued that the Shield Law was applicable because she was part of a team of correspondents that engage in original news reporting, advocacy, and investigative journalism on behalf of the Union County Watchdog Association.  She specifically cited her weekly reports to the blog, dating back to 2005, and the website’s wide readership of 500 to 600 unique visitors per day.

Relying on the factors outlined in the Supreme Court’s ruling in Too Much Media LLC v. Hale, 206 N.J. 209 (2011) (a case I handled, argued and won), Judge Cassidy agreed. She concluded that Renna demonstrated that she possessed a connection to the news media, the purpose to gather or disseminate news, and the materials were obtained in the course of professional newsgathering activities.

“Under the governing case law, the fact that Ms. Renna’s organization has an official stated purpose of being a citizen watchdog and an advocate for transparency in government, does not preclude this Court from finding that the County Watchers blog does not also have the alternate purpose of disseminating news,” Cassidy wrote.

Cassidy further rejected the prosecutor’s attempts to differentiate Renna from “true journalists” by citing her political bias, use of profanities, poor grammar and questionable investigatory tactics. As Cassidy explained, “[W]hile the quality of Renna’s writing is not akin to that of a print news reporter, or professional blogger … the Supreme Court in Too Much Media made clear that a claimant need not be a professional to obtain protection under the privilege.”

As this decision highlights, the applicability of New Jersey’s Shield Law will be determined on a case-by-case basis, particularly where new media is concerned. While the blogger in Too Much Media did not meet the requisite criteria, the court determined Renna was entitled to coverage, at least at this stage of the proceedings.

If you have any questions about this case or would like to discuss the legal issues involved, please contact me, Joel Kreizmanor the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"
SPACs Are Back, What You Need to Know post image

SPACs Are Back, What You Need to Know

Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]

Author: Dan Brecher

Link to post with title - "SPACs Are Back, What You Need to Know"
Short Form Merger: Streamlining the Process for Businesses post image

Short Form Merger: Streamlining the Process for Businesses

Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]

Author: Dan Brecher

Link to post with title - "Short Form Merger: Streamlining the Process for Businesses"
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!