Shellee Hale to appeal court decision

Shellee Hale, the Bellevue blogger (see item below) who was ruled “not a journalist” by a New Jersey appellate court, is appealing to the New Jersey Supreme Court.

Hale contends that she is a working journalist and thus entitled to protect the confidentiality of her sources. Her case raises vital questions about the definition of “journalist” – a matter that is certainly up in the air these days.

“It was a disappointment to me that they labeled me as just a blogger,” Hale told me. “The judge ruled that I didn’t have any right to protect my notes and sources. But I really am concerned about the welfare and safety of my sources. Is the court going to order that they be revealed? Their lives may be in danger.”

Hale said that the individuals who sued her for defamation are in the porn industry in New Jersey. “They admit there was a security breach,” she told me. “I wrote a post about a lawsuit that was filed against these guys. The only thing I hurt was their feelings.”

Hale notes that she has taken journalism classes and has worked as a photojournalist in the past, as well as in public relations. “I was launching an online news source. I had some journalists with a lot of experience to work with me.”

Hale argues that anyone who starts a blog or a website could be considered a journalist. “We’re in the new media. We use online posts and comments. We don’t necessarily go out and knock on doors. Lots of journalists are doing this now.”

Hale said she has spent about $300,000 in legal bills so far, which have been covered by insurance.

“All I can say is I’m going to win this case one way or the other,” she insisted. We’ll be watching to see if the New Jersey Supreme Court accepts her appeal, which could end up setting important legal precedent.

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About John Hamer
JOHN HAMER is President of the Washington News Council, an independent forum for media fairness that he co-founded in 1998. Hamer was formerly Associate Editorial-Page Editor at The Seattle Times and previously Associate Editor with Congressional Quarterly/Editorial Research Reports in Washington, D.C. Read more about John or read John's blog posts.

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  1. [...] that she is a journalist and thus entitled to protect her sources. (See our earlier items here and here for more details.) Just yesterday the New Hampshire Supreme Court ruled that a [...]

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