In the Matter of Richard Beach, Appellant v. Donald J. Shanley, as Special District Attorney of Rensselaer County…

Summary

The New York Court of Appeals held that the State’s Shield Law, Civil Rights Law § 79‑h, provides an absolute privilege protecting a reporter from a grand‑jury subpoena that seeks the identity of a confidential source, and that the statute does not violate Article I § 6 of the State Constitution. Accordingly, the subpoena was quashed and the Appellate Division’s order was reversed. Judge Wachtler filed a separate concurrence, emphasizing that the State Constitution also guarantees a free‑press right that bars contempt sanctions.