Shield Law privilege (Pennsylvania) · Go Syfert
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Shield Law privilege in Pennsylvania

5 Pennsylvania opinions name it 2 courts 2003–2018 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Sprague v. Waltergreen
pa · 1988 · cited in 2 Pennsylvania opinions naming this issue, 2004–2007
2 sentences

2007Accord Sprague v. Walter, 518 Pa. 425, 436 , 543 A.2d 1078, 1083 (1988) (Wherein our Supreme Court forbade the extension of the Shield Law to allow the inference at trial that the assertion of the Shield Law privilege by a news agency in a media defamation case also constitutes an attestation by the news agency of the truthfulness of the confidential source.

2007Accord Sprague v. Walter, 518 Pa. 425, 436 , 543 A.2d 1078, 1083 (1988) (Wherein our Supreme Court forbade the extension of the Shield Law to allow the inference at trial that the assertion of the Shield Law privilege by a news agency in a media defamation case also constitutes an attestation by the news agency of the truthfulness of the confidential source.

22
Commonwealth, Aplt. v. Hopkins, K.green
pa · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018See, e.g. , Commonwealth v. Hopkins , 632 Pa. 36 , 117 A.3d 247 , 262 (2015) (declining to rewrite a mandatory sentencing statute which was constitutionally infirm to supply missing components which would rectify the constitutional violation, inasmuch as curing statutory omissions is a legislative function); Castellani v. Scranton Times, L.P., 598 Pa. 283 , 956 A.2d 937 , 950 (2008) (refusing to engraft upon the Shield Law an exception to protection for reporter sources since it was not authorized by the statutory text).

2018See, e.g. , Commonwealth v. Hopkins , 632 Pa. 36 , 117 A.3d 247 , 262 (2015) (declining to rewrite a mandatory sentencing statute which was constitutionally infirm to supply missing components which would rectify the constitutional violation, inasmuch as curing statutory omissions is a legislative function); Castellani v. Scranton Times, L.P., 598 Pa. 283 , 956 A.2d 937 , 950 (2008) (refusing to engraft upon the Shield Law an exception to protection for reporter sources since it was not authorized by the statutory text).

11
Commonwealth v. Bowdengreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Taylor and Selby Appeals green
pa · 1963
2 sentences

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

22003–2007
Castellani v. Scranton Times, L.P. green
pa · 2008
2 sentences

2018See, e.g. , Commonwealth v. Hopkins , 632 Pa. 36 , 117 A.3d 247 , 262 (2015) (declining to rewrite a mandatory sentencing statute which was constitutionally infirm to supply missing components which would rectify the constitutional violation, inasmuch as curing statutory omissions is a legislative function); Castellani v. Scranton Times, L.P., 598 Pa. 283 , 956 A.2d 937 , 950 (2008) (refusing to engraft upon the Shield Law an exception to protection for reporter sources since it was not authorized by the statutory text).

2018See, e.g. , Commonwealth v. Hopkins , 632 Pa. 36 , 117 A.3d 247 , 262 (2015) (declining to rewrite a mandatory sentencing statute which was constitutionally infirm to supply missing components which would rectify the constitutional violation, inasmuch as curing statutory omissions is a legislative function); Castellani v. Scranton Times, L.P., 598 Pa. 283 , 956 A.2d 937 , 950 (2008) (refusing to engraft upon the Shield Law an exception to protection for reporter sources since it was not authorized by the statutory text).

12018–2018
Castellani v. Scranton Times, LP green
pasuperct · 2007
2 sentences

2008Castellani, 916 A.2d at 655 .

2008Castellani, 916 A.2d at 655 .

12008–2008
Hatchard v. Westinghouse Broadcasting Co. green
pa · 1987
2 sentences

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

2007The Court also held that the plaintiff may introduce rebuttal evidence in a media defamation case indicating that the record does not disclose any evidence to support the reliability of the information received from the confidential source or attesting to the credibility of the source that supplied that information.); contrast Commonwealth v. Bowden, 576 Pa. 151, 171 , 838 A.2d 740, 752 (2003) (Wherein our Supreme Court held that documents may be considered “sources” for purposes of the application of the Shield Law, but only where the documents, even if redacted, could breach the confidential

12007–2007
Wolgemuth v. Harleysville Mutual Insurance green
pa · 1988
2 sentences

2007Wogelmuth, 535 A.2d at 1151 . ¶ 14 While we are both mindful of and sympathetic to the concerns of the learned trial court regarding possible criminal violations of the grand jury process vis-a-vis the Shield Law privilege, we, like the trial court, are forbidden from reading into the Shield Law an exception neither enacted by the General Assembly nor found by the Supreme Court as the result of a developing body of law.

2007Wogelmuth, 535 A.2d at 1151 . ¶ 14 While we are both mindful of and sympathetic to the concerns of the learned trial court regarding possible criminal violations of the grand jury process vis-a-vis the Shield Law privilege, we, like the trial court, are forbidden from reading into the Shield Law an exception neither enacted by the General Assembly nor found by the Supreme Court as the result of a developing body of law.

12007–2007

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 5942 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 8 (1980–2013) PA 5 (2003–2018) CA 5 (1990–2023) MD 3 (2024–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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