Opinion

Zerilli v. Smith

  • 656 F.2d 705
  • 211 U.S. App. D.C. 116
Court
Court of Appeals for the D.C. Circuit
Filed
Apr 13, 1981
Status
Published
Author
Robb
On the bench
Penn, Robb, Wright
Cited by
159 cases

holding that “[e]ven when the information is crucial to a litigant’s case, reporters should be compelled to disclose their sources only after the litigant has shown that he has exhausted every reasonable alternative source of information”

How later courts described this case

  • holding that “[e]ven when the information is crucial to a litigant’s case, reporters should be compelled to disclose their sources only after the litigant has shown that he has exhausted every reasonable alternative source of information”
  • holding that the district court properly granted the defendant’s motion for summary judgment as conceded because the plaintiff failed to file a memorandum of points and authorities in opposition to the defendant’s motion
  • recognizing a qualified reporter’s privilege of protecting confidential sources that “should be readily available” in civil cases
  • explaining that “[wjithout an unfettered press, citizens would be far less able to make informed political, social, and economic choices”

Written by the judges who cited it.

The opinion

ROBB, Circuit Judge,

concurring:

I concur in the result, upon the ground that before asking the court to compel answers from the reporter Kantor the plaintiffs failed to explore alternative sources of information that were plainly available to them. This failure justified the court’s refusal to compel answers from Kantor.

I do not join in the broad statements concerning the “reporter’s privilege” set out in the majority opinion. In my judgment this sweeping exposition is unnecessary to the decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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