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MATTER OF BEACH v. SHANLEY

62 N.Y.2d 241 (1984)

In the Matter of Richard Beach, Appellant, v. Donald J. Shanley, as Special District Attorney of Rensselaer County, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Peter L. Danziger and Salvatore D. Ferlazzo for appellant.

Donald J. Shanley, Special District Attorney, respondent pro se.

Jack C. Landau and Judy D. Lynch for The Reporters Committee for Freedom of the Press, amicus curiae.

Floyd Abrams, Edward P. Krugman, Katharine P. Darrow and Alice Neff Lucan for The New York Times Company and others, amici curiae.

Dean Ringel, Victor A. Kovner, Steven Klugman, Eric M. Freedman, Ralph N. Gimbel, Robert P. Marshall, Jr., and Allen Y. Shaklan for Committee on Communications Law of the Association of the Bar of the City of New York, amicus curiae.

John W. Tabner and Edward M. Scher for New York State Broadcasters Association, Inc., amicus curiae.

Judges JONES, WACHTLER, SIMONS and KAYE concur with Chief Judge COOKE; Judge WACHTLER concurs in a separate concurring opinion; Judge MEYER dissents and votes to affirm in another opinion in which Judge JASEN concurs.

Chief Judge COOKE.

In enacting the so-called "Shield Law," the Legislature expressed a policy according reporters strong protection against compulsory disclosure of their sources or information obtained in the news-gathering process. As the statute is framed, the protection is afforded notwithstanding that the information concerns criminal activity and, indeed, even when revealing the information to the reporter...

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