by Mike Masnick
Mon, Jun 8th 2009 10:09pm
There have been a bunch of lawsuits lately testing the boundaries of various "shield laws" that protect journalists from having to give up information on sources. There was one recent case that found that even comments on online newspaper articles could be protected by shield laws, as those commenters represented a source. However, a professor in Montana is suing to try to find out the identity of some commenters on a local news article (found via Citizen Media Law Group). The professor had recently lost a lawsuit, and believes that one of the commenters was on the jury -- and that particular comment (which was posted before the case was decided) suggested he had done independent research and believed information (that was false) in making his decision. So, in seeking a new trial, the professor wants the identity of the commenter in question. Attorneys for the professor claim that the juror admitted to writing the post in an affidavit, though the juror now says he did not. Either way, apparently the strong shield laws in Montana mean that the newspaper probably won't have to give up the info.
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