‘Reporter’s Shield Law Ruling

The ruling by Municipal Court Judge James Nelson in the Cathy Smith trial that “free lance” journalist Chris Van Ness is not protected by the so-called “reporter’s shield” law threatens the First Amendment rights of all Californians.

After finding Van Ness in contempt of court for failing to turn over a tape recording of his interview with Smith concerning the death of actor John Belushi, Judge Nelson made remarks that indicate he doesn’t understand the nature or scope of independent journalism.

Independent journalists, sometimes erroneously termed “free lancers,” are important contributors to major regional and national newspapers, to national news and opinion magazines, and to local, regional and national broadcast media. Many publications make regular and substantial use of independents to supplement staff reporting. Some magazines are entirely written by independents.

Independent journalists make a career decision not to accept “regular” employment with a particular news-gathering organization. We prefer instead to sell our work to many different outlets. As a group, we are highly qualified as journalists. Many of us demonstrate a degree of expertise in our writing specialties that often surpasses that of staff reporters in the media that buy our reports.

If Judge Nelson had ruled that Van Ness must produce the tape because he had waived his shield privilege by testifying before a grand jury about the Smith interview, there would be no First Amendment issue. But Nelson chose to deny that Van Ness was a journalist, inferring instead that as an independent he was included within a class composed of “biographers, novelists, historians or part-time authors,” which has no claim to the shield privilege.

Forcing Van Ness to testify or go to jail puts thousands of independent writers and dozens of news organizations in jeopardy. It threatens the right of all citizens to a free press. If the California Evidence Code allows Judge Nelson to rule that independent journalists are not afforded equal protection with their salaried brethren, then the law needs to be changed.

MARVIN J. WOLF

Culver City

Wolf is president of the Independent Writers of Southern California.