PETITION FOR THE PROMULGATION OF RULES


395 Mass. 164 (1985)

479 N.E.2d 154

PETITION FOR THE PROMULGATION OF RULES REGARDING THE PROTECTION OF CONFIDENTIAL NEWS SOURCES AND OTHER UNPUBLISHED INFORMATION.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 1985.


Attorney(s) appearing for the Case

James C. Heigham for Massachusetts Newspaper Publishers Association.

M. Robert Dushman for The Boston Herald.

William L. Pardee, Assistant Attorney General (Francis X. Bellotti, Attorney General, with him) for the Attorney General.

Michael J. Traft, Assistant District Attorney for the Suffolk District (Newman Flanagan, District Attorney for the Suffolk District, & Harry D. Quick, III, Assistant District Attorney for the Middle District, with him) for Massachusetts Association of District Attorneys.

John M. Mullen for the President of the Massachusetts Senate.

Robert Haydock, Jr., for The Globe Newspaper Company.

John Reinstein & Marjorie Heins, for Civil Liberties Union of Massachusetts, submitted a brief.

Thomas J. Dougherty, for WBZ-TV4, submitted a brief.

Peter W. Agnes, Jr., for Criminal Justice Section of the Massachusetts Bar Association, submitted a memorandum.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


BY THE COURT.

The Governor's Press Shield Law Task Force (task force)1 has petitioned this court to adopt rules providing for a qualified evidentiary privilege to protect news reporters and others from the forced disclosure of confidential sources and unpublished information. After the petition was filed, we invited comment and heard oral argument by interested parties on the issues raised by...

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