PRESS WATCH : Plot Thickens

When is a journalist not a journalist? The answer, in Arizona, is: When he or she writes at book length.

In 1991 the Arizona Supreme Court declined to review a lower court ruling that Dary Matera, author of a book on a bribery sting operation against eight state legislators, was required to surrender his notes and manuscript to the legislators’ defense counsel. Arizona’s press shield law covers those “engaged in gathering, reporting, writing, editing, publishing or broadcasting news to the public.” Even the letter of that law would seem to cover those writing nonfiction at any length, including book length; but the Arizona Supreme Court ruled otherwise in a decision that was not appealed. (A way was found for Matera to testify without revealing his sources.)

More recently, however, the Matera decision has been cited in a new case. Ronald Watkins, author of “Birthright,” a book on the Shoen family, owners of the U-Haul trailer company, has been subpoenaed in a libel case. Watkins has stated that he will go to prison rather than reveal his sources and perhaps subject them to the danger of violent reprisal. Guy Price, Watkins’ lawyer, points out that, in part, his client’s book deals with the murder of a member of the Shoen family.

The U.S. district court should reconsider its subpoena of Watkins. If it refuses, he should, as he promises, petition the U.S. court of appeals. If and when he does, the Arizonan will have the support of his colleagues everywhere. What makes journalism journalism is not its format but its content.