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 © 2025 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

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay today with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Esperanza Goméz in Meta Account Deactivation Battle

On Friday, Colombia’s Constitutional Court ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More