MARESSA v. NEW JERSEY MONTHLY


89 N.J. 176 (1982)

445 A.2d 376

JOSEPH A. MARESSA, PLAINTIFF-RESPONDENT, v. NEW JERSEY MONTHLY AND HENDRIX F.C. NIEMANN AND CHRISTOPHER LEACH AND MICHAEL ARON AND TERESA CARPENTER AND HARVEY FISHER AND ROBERT NARUS, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 6, 1982.


Attorney(s) appearing for the Case

Alan M. Wallack argued the cause for appellants (Brener, Wallack & Hill, attorneys; Alan M. Wallack and Joseph C. Mahon, on the brief).

Arthur B. Hanson, a member of the District of Columbia Bar, argued the cause for amicus curiae American Newspaper Publishers Association (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Arthur B. Hanson, Frank M. Northam, Mitchell W. Dale and Arthur D. McKey, members of the District of Columbia Bar, of counsel; Thomas C. Jamieson, Jr. and Frances Goldmark, on the brief).

Benjamin Goldstein argued the cause for respondent (Maressa, Goldstein, Birsner & Patterson, attorneys; Benjamin Goldstein and Nancy D. Gold, on the brief).

Thomas J. Cafferty and Frances Goldmark submitted a brief on behalf of amici curiae New Jersey Press Association and the Trenton Times Corporation (Seiffert, Frisch, McGimpsey & Cafferty and Jamieson, McCardell, Moore, Peskin & Spicer, attorneys).

Peter G. Banta submitted a brief on behalf of amicus curiae The Bergen Evening Record Corporation (Winne, Banta & Rizzi, attorneys; Peter G. Banta and Donald A. Klein, of counsel).


The opinion of the Court was delivered by PASHMAN, J.

Twice in recent years, this Court has mediated between a newsperson's right not to disclose confidential information and a criminal defendant's right to compel the production of witnesses in his or her favor. State v. Boiardo, 82 N.J. 446 (1980); In re Farber, 78 N.J. 259 (1978). We have held that the New Jersey Shield Law, N.J.S.A...

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