M. A. Farber: Difference between revisions

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Farber testified in the case but cited the [[First Amendment of the United States Constitution]] when he refused to turn over thousands of pages of the reporter's notes that the defense had requested, citing a compelling right to protect the identity of the sources used in the articles from individuals who had spoken to him with the expectation that their confidence would be maintained.<ref name=Trautwein>Corcoran, David. [http://www.nytimes.com/2000/09/02/nyregion/theodore-trautwein-judge-in-landmark-press-case-dies-at-80.html "Theodore Trautwein, Judge in Landmark Press Case, Dies at 80"], ''[[The New York Times]]'', September 2, 2000. Accessed October 13, 2009.</ref> ''[[Time (magazine)|Time]]'' magazine called the deadlock "a head-on collision between the First and [[Sixth Amendment of the United States Constitution|Sixth Amendment]]s", citing the conflict between the reporter's and newspaper's right of [[Freedom of the Press]] and the defendant's [[Right to a fair trial]].<ref>Staff. [http://www.time.com/time/magazine/article/0,9171,948246,00.html "Press: Piercing a Newsman's Shield"], [[Time (magazine)]]'', August 7, 1978. Accessed October 14, 2009.</ref> Trial judge William J. Arnold had Judge [[Theodore Trautwein]] address the issues related to the release of the papers in his role as as assignment judge for all Bergen County courts. In July 1978, Trautwein sentenced Farber to six months in jail and assessed fines of $5,000 each day to ''The Times'', saying that Farber had chosen placing "your privilege and your concept of your constitutional rights above the rights of the people of this state and this defendant"<ref name=Trautwein/>
With several breaks for appeals, Farber ended up spending a total 40 days in the Bergen County Jail and was not released until October 24 after Jascalevich was acquitted. The [[New Jersey Supreme Court]] upheld Trautwein's decision and stripped reports of shield law protections, though the [[New Jersey Legislature]] responded by passing even stronger shield laws to protect reporters. [[Governor of New Jersey]] [[Brendan Byrne]] pardoned Farber in 1982 and $100,000 of the fines were reimbursed to the newspaper.<ref name=Trautwein/>
Trautwein's actions in regard to Farber have been used as a [[case study]] in both law schools and schools of journalism. Jane E. Kirtley of the [[Reporters Committee for Freedom of the Press]] cited how "Farber's case roused journalists out of their complacency", noting that "Going to jail for more than a month is significant in anyone's eyes."<ref name=Trautwein/>