The Free Press, Mankato, MN

Local News

April 20, 2007

Journalism groups join Free Press case

By Tim Krohn

The Minnesota Court of Appeals is allowing several media groups to file a brief in support of The Free Press in its suit with Blue Earth County.

The Star Tribune, the Reporters Committee for Freedom of the Press, Minnesota Joint Media Committee, Minnesota Newspaper Association and Minnesota Broadcasters Association requested they be allowed to file an amicus brief, also known as a “friend of the court” brief.

Such briefs, when allowed, are filed by parties not directly involved in a lawsuit but who have an interest in the outcome of the case.

A Blue Earth County District judge ruled in February that authorities could subpoena Free Press reporters’ notes and testimony relating to an armed standoff near Amboy on Dec. 23.

Authorities said they want information relating to a conversation between a Free Press reporter and Jeff Skjervold, who at the time of the conversation, unbeknownst to The Free Press, was in the middle of an armed standoff with police. Authorities want to know what, if anything, was talked about that wasn’t published in the newspaper’s report the following day. Skjervold eventually took his own life after wounding two police officers.

The Free Press declined, citing the state’s shield law, which protects journalists from supplying unpublished information without required legal hearings.

Judge Norb Smith brushed aside The Free Press’ shield law arguments and sided with authorities.

The Free Press appealed that ruling. No court date has been set.

John Borger, attorney for the Star Tribune, said the newspaper and the other media groups have a vested interest in seeing that the shield law is protected.

“I think the entire issue of the shield law is one that galvanizes journalists throughout the state and throughout the country,” Borger said.

“To have a reporter’s privilege taken away in a case where there is no specific violation of the law being cited greatly weakens the ability of reporters to keep their unpublished information confidential.”

Borger said the media groups will file a single brief and the Reporters Committee for Freedom of the Press will take the lead in drafting it.

Free Press Managing Editor Joe Spear said the backing of the media groups is important.

“The Free Press appreciates the support of these other important news organizations representing thousands of journalists across the country. They see the importance of this case to freedom of the press, and we're glad they're joining us in this fight,” Spear said.

In an order allowing the brief to be filed, the Appeals Court wrote that the media groups hold a position closely aligned with that of The Free Press.

“The purpose of an amicus brief is to inform the court of facts or matters of law that may have escaped its consideration, not to repeat or emphasize arguments already put forth,” the order read.

The groups have until May 4 to file the brief with the Appeals Court.

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