This section contains the nature of the case and procedural background.

Farber (D) refused to comply with two subpoenas duces tecum to produce certain documents and materials compiled in the course of D's investigation reporting alleged criminal activity that eventually lead to the indictment and prosecution of a Jascalevich for murder. A judge issued an order directing Ds to show cause why they should not be deemed in contempt of court. Ds were directed to produce the materials for in camera inspection and found them guilty as charged. A fine of $100,000 was imposed on The New York Times, and D was ordered to serve six months in the Bergen County jail and to pay a fine of $1,000. A fine of $5,000 per day for every day that elapsed until compliance with the order was imposed upon The Times; D was fined $1,000 and sentenced to confinement in the county jail until he complied with the order. This appeal resulted.

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