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."
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