IN RE MYRON FARBER


78 N.J. 259 (1978)

394 A.2d 330

IN THE MATTER OF MYRON FARBER AND THE NEW YORK TIMES COMPANY, CHARGED WITH CONTEMPT OF COURT, DEFENDANTS-APPELLANTS. STATE OF NEW JERSEY, PLAINTIFF, v. MARIO E. JASCALEVICH, DEFENDANT.

The Supreme Court of New Jersey.

Decided September 21, 1978.


Attorney(s) appearing for the Case

Mr. Floyd Abrams of the New York Bar argued the cause for appellants Myron Farber and The New York Times Company (Messrs. Winne, Banta, Rizzi and Harrington, attorneys; Mr. Peter G. Banta, Mr. Donald A. Klein, and Messrs. Cahill, Gordon and Reindel of the New York Bar, of counsel; Mr. Raymond L. Falls, Jr., Mr. Eugene Scheiman, Mr. Kenneth M. Vittor, and Ms. Faith Wender, members of the New York Bar, on the brief).

Mr. Dan Paul of the Florida Bar argued the cause for amici curiae The Miami Herald Publishing Co., The Washing Post Company, National Broadcasting Company, Inc., Times Mirror Company, The Philadelphia Inquirer, Scripps-Howard Newspapers, United Press International, Inc., Associated Press, Gannett Co., Inc., Newhouse News Service, Educational Broadcasting Corporation, The Chicago Sun Times, The Courier-Journal and Louisville Times Company, Dow Jones & Company, Inc., The American Society of Newspaper Editors, Radio Television News Directors Association, The National Association of Broadcasters, The Reporters Committee for Freedom of the Press, National Newspaper Association, The Florida Times Union and Jacksonville Journal, The Daily Sentinel, Star-Ledger, The Jersey Journal, CBS, Inc., American Broadcasting Companies, Inc., The Anniston Star, The New Jersey Press Association, Trenton Times, Minneapolis Star and Tribune Company, The Bergen Evening Record Corporation, The Des Moines Register and Tribune Company, Newsweek, The Newspaper Guild and The Newspaper Guild of New York, Local 3 (Messrs. Mazer, Lesemann and Rupp, attorneys; Messrs. Paul & Thomson of the Florida Bar, of counsel; Mr. Arthur J. Lesemann, on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, argued the cause for appellant, pro se (Mr. Degnan, attorney; Mr. Degnan and Deputy Attorneys General John De Cicco, Edwin H. Stern, Anthony J. Parrillo and Ileana Saros, of counsel and on the brief).

Mr. Raymond A. Brown argued the cause for respondent Mario E. Jascalevich (Messrs. Brown, Vogelman and Brown, attorneys; Mr. Brown and Mr. Henry F. Furst on the brief).

Ms. Edith S. Rose submitted a brief on behalf of amicus curiae Association of American Publishers, Inc.; (Messrs. Smith, Cook, Lambert and Miller, attorneys; Mr. Henry R. Kaufman, of the New York Bar, of counsel and on the brief).

Mr. Thomas C. Jamieson, Jr., submitted a brief on behalf of amicus curiae American Newspaper Publishers Association (Messrs. Jamieson, McCardell, Moore, Peskin and Spicer, attorneys; Messrs. Hanson, O'Brien, Birney & Butler, of the District of Columbia Bar, of counsel; Mr. Arthur B. Hanson and Mr. Mitchell W. Dale, members of the District of Columbia Bar, on the brief).


The opinion of the court was delivered by MOUNTAIN, J.

In these consolidated appeals The New York Times Company and Myron Farber, a reporter employed by the newspaper, challenge judgments entered against them in two related matters — one a proceeding in aid of a litigant (civil contempt), the other for criminal contempt of court. The proceedings were instituted in an ongoing murder trial now in its seventh month, as a result of the appellants' failure to comply...

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