In April, an appellate judge affirmed an earlier court ruling that the state’s shield law doesn’t apply to Hale, meaning she would have to reveal her confidential sources.
In documents filed this week, Hale’s attorney, Jeffrey Pollock, said the high court should take up the matter while the suit is still ongoing rather than wait for its resolution.
Hale, who calls herself a journalist, insists the state’s shield law protects the identity of her sources in her online postings regarding a security breach at Too Much Media.
Too Much Media attorney, Joel Kreizman, said that Hale was nothing more than an irresponsible member of the public posting libelous or slanderous comments on the message board.
Pollock said the trial judge made a mistake and the appellate court compounded that error by requiring Hale to prove she is a journalist. Pollock argued the ruling required Hale to meet a set of criteria that previously did not exist to prove she is a writer and therefore protected by the shield law.
"If the Court decides to hear this matter, I think her chances are excellent that she will prevail," Pollock told XBIZ. "Unfortunately, the New Jersey Supreme Court decides relatively few matters. Because this is an area of interest to the Court and to the New Jersey public, I sincerely hope that the Court will take this matter up and settle the question of what Internet writers qualify for the newsperson's privilege or Shield Law."