O’Neill v. Oakgrove Constr., Inc., 71 N.Y.2d 521 (1988)
The New York State Constitution provides a qualified reporter’s privilege that protects journalists’ newsgathering materials, including non-confidential photographs, from compelled disclosure unless specific conditions are met.
Summary
This case addresses whether journalists’ non-confidential photographs, taken during newsgathering and kept as resource material, are protected from compelled disclosure by a reporter’s privilege under the New York State Constitution and the First Amendment of the Federal Constitution. The Court of Appeals held that such a privilege exists, extending to both confidential and non-confidential materials, and is triggered when the material was prepared or collected during newsgathering. The privilege is qualified, requiring a litigant seeking disclosure to demonstrate that the materials are highly material, critical to the claim, and not otherwise available.
Facts
The plaintiff was injured when his car slid off a roadway under construction and hit a concrete median. A photojournalist from Gannett Rochester Newspapers took 58 photographs of the accident scene, one of which was published. The plaintiff sued the contractors, alleging hazardous conditions. He requested Gannett’s photographs, but Gannett refused, claiming privilege under the First Amendment and the New York Constitution.
Procedural History
The Special Term granted the plaintiff’s motion to compel production of the photographs. The Appellate Division agreed that there was no reason to extend the reporter’s privilege to non-confidential materials. However, it remitted the matter for an in camera examination to determine the relevance and need for the photographs. The Supreme Court then ordered the production of 19 Gannett photographs, stating that they depicted relevant evidence not shown in police photographs. Gannett appealed.
Issue(s)
Whether the First Amendment of the U.S. Constitution and Article I, Section 8 of the New York Constitution provide a qualified reporter’s privilege that protects non-confidential newsgathering materials, such as photographs, from compelled disclosure in civil litigation.
Holding
Yes, because the New York State Constitution independently mandates a qualified privilege to prevent undue diversion of journalistic effort and disruption of press functions, and this privilege extends to non-confidential materials gathered during newsgathering.
Court’s Reasoning
The court reasoned that allowing routine access to press resource materials would jeopardize the autonomy of the press and burden their time and resources, hindering newsgathering. While CPLR 3101 typically requires full disclosure of material evidence, it does not adequately protect newsgathering activities. The court adopted a three-part test used by federal courts, holding that disclosure may be ordered only if the litigant demonstrates clearly and specifically that the items sought are (1) highly material, (2) critical to the litigant’s claim, and (3) not otherwise available. The court emphasized that the privilege applies regardless of confidentiality, focusing instead on the potential burdens on the press. The court noted the expansive language of the New York Constitution’s guarantee of free press and its history of providing broad protection to newsgathering. The Court noted that the three-part test complements general discovery principles, where competing interests must be balanced and the need for discovery must be weighed against special burdens on the opposing party. The court cited the NY Constitution, Art. I, § 8, assuring citizens’ right to “freely speak, write and publish” and prohibiting official authority from acting to “restrain or abridge the liberty of speech or of the press”.