Tom J. Gialde v. Time, Inc., Time, Inc. v. Honorable John W. Oliver, Judge of the United States District Court for the Western District of Missouri

I concur in the majority opinion insofar as it holds that the District Court’s order denying defendant’s motion for summary judgment is not appealable. I would hold, however, that the District Court’s order requiring the disclosure of the names of anonymous and confidential news sources is subject to immediate review by mandamus.

In Cervantes v. Time, Inc., 464 F.2d 986 (8th Cir. 1972), cert, denied, 409 U. S. 1125, 93 S.Ct. 939, 35 L.Ed.2d 257 (1973), we held that the use of confidential news sources by the press is protected by the First Amendment — that “to compel a newsman to breach a…