In Re Myron Farber

Summary

The Supreme Court of New Jersey affirmed the civil and criminal contempt judgments against Myron Farber and the New York Times for refusing to comply with subpoenas duces tecum. The Court held that the New Jersey shield law does not provide an absolute privilege that defeats a subpoena in a criminal case, that the First Amendment does not create such a privilege, and that the Sixth Amendment compulsory process right overrides the shield law. The trial court’s order for in‑camera inspection without a separate pre‑inspection hearing was deemed proper because the threshold showing of relevance, materiality, and necessity was satisfied.