Daily News Journo Needn't Turn Over Recorded Interview to Litigant

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In Daily News, L.P. & George Rush v. Jane Doe (Docket No. 10-2438), the U.S. Circuit Court of Appeals for the Second Circuit this week reversed a trial court ruling and granted the newspaper's application to quash a subpoena ordering it to turn over a gossip columnist's recorded interview to a litigant.

The appellate court cited reporter's privilege and noted that the victim in the underlying case had already reached an out-of-court settlement.  Daily News gossip columnist George Rush's 22-minute recorded conversation with convicted sex offender Jeffrey Epstein had been sought by attorneys representing an unidentified victim of Epstein.

The 2d Circuit opinion admonished the trial court for not performing its "gatekeeping function before compelling disclosure of privileged newsgathering materials."