MDDC Supports Sun's Shield Law Filing

Reporters from The Prince George’s Journal, The Washington Post and Gazette Newspapers were issued summonses by the county’s Legal Affairs Office for a disciplinary hearing against Prince George’s Police Officer Brian Lott, after reporting a remark Lott made outside a courtoom. Lott was charged with unbecoming conduct under the Police Department’s General Order Manual. (See April 2002 Press News)

All three reporters resisted providing testimony, and in February a Prince George’s County circuit court ruled against the county’s demand for the testimony. The county appealed the case to the Maryland Court of Special Appeals.

The amicus brief, filed with the Court of Special Appeals, supports the court’s decision and asserts that constitutional considerations demand that compelling a journalist to give testimony regarding information obtained while gathering news should be a last resort.

The brief cites reasons that include the diversion of journalists’ effort by subpoenas and other discovery demands and the erosion of press impartiality.

The brief also addresses the issue of abuse by government officials when journalists covering the agencies are subject to subpoenas compelling them to appear at internal hearings and the loss of sources and the avoidance of controversial stories that could result.

In addition, the brief questions how information from the reporters could meet a heightened standard of relevance sufficient to overcome a constitutional privilege. It also states the county has not met its burden of demonstrating that there are no other alternative sources for the information.

Oral arguments are expected in November.