Legal Opinion · Dissent

Knight-Ridder Broadcasting, Inc. v. Greenberg

New York Court of Appeals

Decided July 7, 1987Published

1DissentBellacosa, J.

By enactment of a strong Shield Law (Civil Rights Law § 79-h) protecting sources and materials gathered from news sources, New York became the first State to broadly enhance the root freedom of the press right, itself traceable to the free press provision of the New York Constitution (art I, § 8). New York should not, through its judiciary, encumber the plain legislative policy choices made in the governing statute’s own words. Since the majority’s holding does that, I dissent.

*161The District Attorney’s effort to penetrate that shield by subpoena to acquire outtakes of a televised news item…

2Cases cited24 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Price v. PriceNew York Court of Appeals · 1986
  3. Hellerstein v. Assessor of IslipNew York Court of Appeals · 1975
  4. Capital Newspapers v. WhalenNew York Court of Appeals · 1987
  5. MATTER OF BEACH v. ShanleyNew York Court of Appeals · 1984

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