N.J. High Court to Review If Bloggers Can Invoke Shield Law

FREEHOLD, N.J. — The state Supreme Court has agreed to decide whether blogger Shellee Hale, who was sued by Too Much Media for defamation over her online postings, can raise New Jersey’s statutory protection of news reporters’ sources and editorial processes.

The court will hear Hale’s interlocutory appeal, “limited only to those issues relating to the New Jersey Shield Law and the 1st Amendment.”

“I am not surprised that the Supreme Court may want to define who is and is not considered media for the purpose of the Shield Law,” Too Much Media attorney Joel Kreizman told XBIZ. “I am confident whatever the definition of media may be, that Shellee Hale and her posts on a message board will not fit within that definition.”

An appellate judge last April affirmed an earlier court ruling that the state’s shield law doesn’t apply to Hale, even though she runs a website reporting on technical and criminal activity in the adult entertainment industry.

The court found the shield law inapplicable to online posters not engaged in gathering or disseminating news and that Hale “exhibited none of the recognized qualities or characteristics traditionally associated with the news process, nor has she demonstrated an established connection or affiliation with any news entity" when she posted statements on another site that were critical of Too Much Media, which markets NATS.

Hale is being sued over statements she posted on Oprano.com, accusing Too Much Media of fraud and "illegal and unethical use of technology," violating New Jersey's Identity Theft Protection Act.

Hale called herself a journalist she was gathering information about an Internet security breach at the company. Hale posted on a website that Too Much Media failed to inform customers of a security breach because she alleged it was making money off of it.

"We are left with a position that anyone who says, under oath, 'I am a journalist' is thereby to receive the benefit of the Shield Law," Kreizman said. "It matters nil that the person makes that affirmation has no credibility."

Hale's lawyer, Jeffrey Pollock, urged the court to review the case, arguing in his May 21 brief that the published appeals court ruling "has now shattered the Shield Law's broad reach."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

New Premium Creator Platform 'Lemon Social' Launches

Premium creator platform Lemon Social has debuted.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Show More