No. 92-16573.

5 F.3d 1289 (1993)

Mark V. SHOEN, Plaintiff-Appellee, v. Leonard Samuel SHOEN, et al., Defendants. Edward J. SHOEN, Plaintiff-Appellee, v. Leonard Samuel SHOEN, et al., Defendants. Ronald J. Watkins, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1993.

Attorney(s) appearing for the Case

Gloria C. Phares, Weil, Gotshal & Manges, New York City, and Guy Bradley Price, Phoenix, AZ, for appellant Watkins.

Richard M. Amoroso, Cohen and Cotton, Phoenix, AZ, for appellee Mark Shoen.

Russell Piccoli, Phoenix, AZ, for appellee Edward Shoen.

Before NORRIS, BEEZER, and KLEINFELD, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

This appeal presents the question whether an investigative author, at work on a forthcoming book, may be compelled to testify and produce notes and tape recordings of interviews he conducted with a source who happens to be a defendant in a defamation action. We hold, under the circumstances of this case, that he may not.


Appellant Ronald Watkins is an investigative author of books on topical and controversial subjects...

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