M. A. Farber: Difference between revisions

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===Trial and jail===
Attorney [[Raymond A. Brown]] blamed other doctors at the hospital of framing Jascalevich to cover up their own ineptitude and charged that Farber had conspired with prosecutors to advance their respective careers by pointing the finger of blame at Jascalevich.<ref>Berger, Joseph. [httphttps://www.nytimes.com/2009/10/12/nyregion/12brown.html "Raymond A. Brown, Civil Rights Lawyer, Dies at 94"], ''[[The New York Times]]'', October 11, 2009. Accessed October 12, 2009.</ref> After Brown subpoenaed the reporter,
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. [httphttps://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 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/>
When Farber was about to be jailed, his attorneys filed for an emergency stay on a weekend and [[New Jersey Supreme Court]] Justice [[Morris Pashman]] arrived in his golfing attire to grant the stay. When the full court heard the case the next day, Pashman was the only dissenter as the court upheld the lower court ruling and ordered that Farber serve time in jail. When the court reaffirmed the lower court action in a decision in September 1978, Pashman and fellow Justice [[Alan B. Handler]] were the only dissenters.<ref>Honan, William H. [httphttps://www.nytimes.com/1999/10/10/nyregion/morris-pashman-87-champion-of-free-speech-on-new-jersey-s-highest-court.html "Morris Pashman, 87, Champion of Free Speech on New Jersey's Highest Court"], ''[[The New York Times]]'', October 10, 1999. Accessed October 19, 2009.</ref>
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 reporters of shield law protections, though the [[New Jersey Legislature]] responded by passing even stronger shield laws to protect reporters.<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/>
In November 1978, the [[Supreme Court of the United States]] refused to take the case, citing the fact that neither the [[United States Constitution]] nor existing state shield laws provide journalists with an absolute privilege to refuse to provide information demanded in a criminal case by a defendant.<ref>Greenhouse, Linda. [httphttps://select.nytimes.com/gst/abstract.html?res=FB0A17FA3A5413728DDDA10A94D9415B888BF1D3 "HIGH COURT REFUSES FARBER CASE REVIEW; Action Lets Jersey's Ruling Stand on First Amendment Privilege Supreme Court Refuses to Review Press Freedom Case A Delicate Balance Lack of a Hearing Deplored"], ''[[The New York Times]]'', November 28, 1978. Accessed October 13, 2009.</ref>
In January 1982, [[Governor of New Jersey]] [[Brendan Byrne]] issued a pardon to reporter M. A. Farber and ordered that $101,000 in fines be returned to ''The Times''. The paper's attorney, [[Floyd Abrams]], was planning efforts to file for the return of the additional $185,000 that had been assessed in civil contempt fines.<ref>Friendly, Johnathan. [httphttps://www.nytimes.com/1982/01/20/nyregion/byrne-returns-101000-fine-to-times.html "BYRNE RETURNS $101,000 FINE TO TIMES"], ''[[The New York Times]]'', January 20, 1982. Accessed October 19, 2009.</ref>