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CASTELLANI v. SCRANTON TIMES, L.P.

No. 60 MAP 2007.

956 A.2d 937 (2008)

Randall A. CASTELLANI and Joseph J. Corcoran, Appellants v. The SCRANTON TIMES, L.P., t/d/b/a the Scranton Times and the Tribune, and Jennifer Henn, Appellees.

Supreme Court of Pennsylvania.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Stephen R. Kurens, Richard A. Sprague, Sprague & Sprague, Philadelphia; Lawrence J. Moran, Abrahamsen, Moran & Canaboy, P.C., Scranton; Thomas A. Sprague, Geoffrey Richard Johnson, Sheldon L. Albert, Sprague & Sprague, Philadelphia, for R. Castellani and J. Corcoran, appellants.

Kim M. Watterson, Kevin Charles Abbott, Walter Thomas McGough, Jr., Reed Smith, LLP, Pittsburgh; John Timothy Hinton, Jr., Haggerty, McDonnell, O'Brien & Hinton, LLP, for The Scranton Times, L.P. and Jennifer Henn, appellees.

Michael Louis Berry, Gayle Chatilo Sproul, Lee Jay Levine, Levine Sullivan Koch & Schulz, L.L.P., Washington, DC, for appellees amici curiae ABC, Inc., The Assoc. Press, Cable News Network, LP, CBS Broadcasting, Inc., et al.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER and McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

Pennsylvania's Shield Law, 42 Pa.C.S. § 5942, protects a newspaper's source of information from compelled disclosure. With the present appeal, appellants urge this Court to recognize a non-textual "crime-fraud" exception to the Shield Law that would permit compelled disclosure of a newspaper's source if the communication between the newspaper reporter and the source itself constituted a criminal act. For the following...

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