In Re Farber (State v. Jascalevich)

78 N.J. 259, 394 A.2d 330, cert denied, 439 U.S. 997 (1978)

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Nature of the Case

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Facts

Farber (D) was a reporter for the New York Times. He challenged judgments of civil and criminal contempt entered against his company. The proceedings were instituted in an ongoing murder trial of Dr. Jascalevich. D failed to comply with two subpoenas duces tecum which directed them to produce certain documents and materials compiled by one or both of them resulting from D's investigative reporting of certain allegedly criminal activities. D claimed that he had a First Amendment privilege to ignore the subpoenas duces tecum because if the material was divulged, his confidential sources of information would be made public.