NY Court of Appeals: Freedom of the Press Taken Seriously

[Back to Criminal Leaves in the next post. For now, Tuesday's decision in Holmes v. Winter.]

New York has a long tradition, with roots dating back to the colonial era, of providing the utmost protection of freedom of the press.

New York public policy of protection for those who gather and report the news has been recognized as the strongest in the nation.

Protection of the anonymity of confidential sources is a core—if not the central—concern underlying New York’s journalist privilege, with roots that can be traced back to the inception of the press in New York.

Victoria A. Graffeo
Court of Appeals collection

That's not me speaking. That's the Court of Appeals, New York's highest court, through the pen of Judge Victoria Graffeo.

It is a veritable paean to freedom of the press. To the protection of a free press as essential to democratic governance. To the state's commitment to robust, unimpeded news-gathering and reporting.

Graffeo's opinion for the Court of Appeals in Matter of Holmes v. Winter builds upon New York's history, constitution, legislation, and judicial decisions. Her opinion reaffirms and reinforces the Court's leading precedents in the area. It establishes another milestone that is sure to be cited along with the Court's other leading free press landmarks.