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

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Show More