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Order Compelling Reporter To Disclose Source

The court ruled on several pending motions in a defamation case. The court granted partial summary judgment limiting claims to one year before filing based on the statute of limitations. The court also ruled that a state media shield law did not apply to individual defendants or claims against them. However, genuine issues of material fact remained on the defamation and false light claims. The court also required defendants to submit a privilege log for in camera review given that the identity of sources was relevant to proving elements of the claims.

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101 views3 pages

Order Compelling Reporter To Disclose Source

The court ruled on several pending motions in a defamation case. The court granted partial summary judgment limiting claims to one year before filing based on the statute of limitations. The court also ruled that a state media shield law did not apply to individual defendants or claims against them. However, genuine issues of material fact remained on the defamation and false light claims. The court also required defendants to submit a privilege log for in camera review given that the identity of sources was relevant to proving elements of the claims.

Uploaded by

Jonathan Allen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case: 45CI1:23-cv-00238-JM Document #: 207 Filed: 05/20/2024

F 'LEL
MADISONCOHNTY
Page 1 of 3
MAY 16 2024
ANITA vVRAY, CIRCUIT CLERK.
IN THE CIRCUIT COURT OF MADISON COUNTY, MISSISSIPP b
BY 7 D.C.
PHIL BRYANT PLAINTIFF

VS. CIVIL ACTION NO. CI-2023-238-JM

MARY MARGARET WHITE &


DEEPSOUTH TODAY D/B/A MISSISSIPPI TODAY DEFENDANTS

ORDER ON PENDING MOTIONS

This Cause came before the Court for a hearing on January 31, 2024, whereafter the

Court took the motions underadvisement. Having now considered the issues presented, the Court

makes the following rulings. The Court is holding the discovery motions in abeyance until a

privilege log is received and reviewed. In accordance with MRCP 26(b)(6)(A), a privilege log

should be submitted by June 6, 2024 for the Court's in-camera review which includes any

request or interrogatory where a privilege has been raised.

Motion of Defendants Deep South Today d/b/a Mississippi Today and Mary Margaret

White for Partial Summary Judgment Pursuant to § 95-1-5 and 15-1-35 Mississippi Code (Doc.

23) is granted, Miss. Code §15-1-35 provides a one-year statute of limitations. Defendants want

to limit the claims to no more than one year before the complaint was filed; however, that would

not necessarily limit discovery to one year out.

Plaintiffs Motion for Partial Summary Judgment Regarding the Inapplicability of Miss.

Code Ann. § 95-1-5 To Claims 1-3 Of the First Amended Complaint (Doc. 48) and Defendants'

Motion for Partial Summary Judgment Pursuant to Section 95-1-5 Mississippi Code (Doc. 86)

are granted. Miss Code §95-1-5 applies to news reporting organizations, not individuals. Miss:

Code 95-1-5 does not apply to the claim against White individually. Subsequent to this motion,

Ganucheau was named in the Second Amended Complaint. Although the claims against

Soo
Case: 45CI1:23-cv-00238-JM Document #: 207 Filed: 05/20/2024 Page 2 of 3

Ganucheau relate to statement(s) made in an article intended for publication and published by

MS Today, § 95-1-5 does not apply to the claim against Ganucheau individually.

Plaintiffs Motion for Partial Summary Judgment on Claim 1 of the First Amended

Complaint (Doc. 38); Plaintiffs Motion for Partial Summary Judgment on Claim 2 of the First

Amended Complaint (Doc. 51); Plaintiffs Motion for Partial Summary Judgment on Claim 4 of

the First Amended Complaint (Doc. 53); Plaintiffs Motion for Partial Summary Judgment on

Claim 5 of the First Amended Complaint (Doc. 56); and Motion of Defendants Deep South

Today d/b/a Mississippi Today and Mary Margaret White for Summary Judgment on Plaintiffs

Claims of Defamation and False Light Invasion of Privacy (Doc. 117) are denied, genuine issues

of material fact remain on the elements of Plaintiffs' claims of defamation and false light against

White and Mississippi Today.

Motion of Defendants Deep South Today d/b/a Mississippi and Mary Margaret White for

Protective Order Concerning Plaintiffs Motions to Compel Defendant Mary Margaret White to

Answer and Respond to Plaintiffs First Set of Interrogatories and Responses to Requests for

Production and Motion to Compel Defendant Deep South Today to Answer and Respond to

Plaintiff's First Set of Interrogatories and Responses to Requests for Production (Doc. 66) is held

in abeyance pending receipt and review of the privilege. However, the Court finds as to the

reporter's privilege that Mississippi appellate courts have not yet recognized a First Amendment

reporter's privilege which protects the refusal to disclose the identity of confidential informants.

The information sought is relevant and Plaintiffs have shown a compelling interest, specifically

that they must prove that Defendants either lied about having a confidential source or that source

or the circumstances surrounding the source's information was so unreliable that it was reckless

egto3
Eito
Case: 45CI1:23-cv-00238-JM Document #: 207 Filed: 05/20/2024 Page 3 of 3

for the defendant to rely on it. The requested items for which Defendants have raised this

privilege should be produced as part of the privilege log for an in-camera determination.

SO ORDERED, this the I (/) day of May, 2024.

CIRCUIT COURT JUDGE

&44B76

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