James M. O'Neill v. Oakgrove Construction, Inc., Gannett Rochester Newspapers

Summary

The New York Court of Appeals held that a qualified reporter’s privilege under the State Constitution (and, by parallel, the Federal Constitution) protects nonconfidential photographs taken in the course of newsgathering, requiring a plaintiff to meet a tripartite test of highly material, critical, and not otherwise available before discovery may be compelled. The Court reversed the Appellate Division and remanded for further proceedings consistent with that privilege.