N.J. Court: No Shield Law Protection for Blogger Shellee Hale

NEW JERSEY — An appellate division judge has affirmed an earlier court ruling that the state’s shield law doesn’t apply to defendant Shellee Hale in her case with Too Much Media.

The judge also ruled that Too Much Media is entitled to proceed with its defamation lawsuit even though it can’t specifically prove monetary damages to the business.

“It’s almost a 100 percent win because the other side argued they’re entitled to shield protection, the court affirmed she is not.” Too Much Media attorney Joel Kreizman told XBIZ.

Kreizman said Hale, who is a mother of five and a blogger from Washington state, will now have to reveal her sources in an upcoming deposition.

The court documents affirm, “the mere claim that one is a journalist or reporter, is not enough to gain the protection of the shield law.”

Hale called herself a journalist when she was gathering information in 2009 about an internet security breach at TMM. 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. The posts alleged that breached Too Much Media data could have given hackers access to names and addresses of account holders, which Too Much Media denies.

Hale also posted on an adult entertainment website message board accusing TMM principals of threatening her.

The court papers state, “such statements unquestionably have the capacity to injure plaintiff’s reputation or subject them to the ‘loss of good will and confidence’ in which they are held by others.”

Kreizman said that Hale was nothing more than an irresponsible member of the public posting libelous or slanderous comments on the message board.

The court agreed saying, “Internet postings, if defamatory, are considered libel. Unlike spoken words that evaporate, Internet postings have permanence, as the posts can remain on that particular site for an indefinite period and can be copied and forwarded.”

Hale’s attorney, Jeffrey Pollock, said that other courts have used a broader view to extend the shield protection to an editor gathering unsolicited letters, to an insurance industry trade publication and to a reality television show's video footage that was never aired or published.

“The decision that Shellee and her confidential sources are not protected by the newsperson's privilege is palpably incorrect, irrational and irreconcilable with the evidence presented," Pollock wrote.

The suit isn't the first filed against Hale over comments made on message boards. Montreal-based live-cam company 2Much Internet Services settled with Hale before that case went to trial.

"I am thrilled that the N.J. court has affirmed that Shellee Hale is not protected under that state's shield law," 2Much owner Mark Prince told XBIZ. "As someone with a casual interest in the media business, it is pleasing to see that the law is working to protect legitimate news reporters and bloggers and that its misuse will not be tolerated, especially when it comes to the wrongful defamation of strong, smart companies like our friends at TMM and the braniacs who work there. Congratulations to Jon and Charlie and kudos to them for continuing to fight this fight."

Related:  

Copyright © 2026 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

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Show More