Facts: Petitioner John Senear filed suit in the Superior Court for King County against the respondent Daily Journal-American, alleging that the newspaper had committed libel in publishing an article that included false references to Senear’s participation in a labor dispute. During pretrial discovery, Senear sought to compel the Daily Journal-American to disclose the identities of the sources it had relied upon in gathering information for the article. The trial court ordered the Daily Journal-American to provide the information, leading the newspaper to appeal. The Washington Court of Appeals subsequently reversed the trial court’s order, holding that the disclosure of confidential sources was, consistent with the 1st Amendment to the United States Constitution, qualifiedly privileged. Senear appealed this decision to the Supreme Court of Washington.

Question(s): Do journalists have a qualified privilege to withhold the identity of news sources?

Conclusion: Justice Dolliver’s opinion for the Court ruled that although the 1st Amendment confers no absolute privilege of non-disclosure of news sources, it does confer a qualified privilege of non-disclosure. As confidence that communications between journalists and sources will not subsequently be disclosed is necessary for the maintenance of such relationships and fostering such relationships is of considerable benefit to the public, the Court held that the injury resulting from failing to grant such a privilege was greater than the benefit gained from compelling the testimony of journalists. However, as the privilege recognized was a qualified privilege, the Court declared that it could be defeated by parties seeking to obtain information if they demonstrate that their claim is not frivolous, that the information is critical to the cause of action or defense pleaded, and that they have made reasonable efforts to acquire the desired information by other means. The Court therefore remanded the case to the trial court to determine if Senear had satisfied these criteria.

Docket No. 47503-2

Petitioner: John Senear

(Counsel: Lyle L. Iversen)

Respondent: The Daily Journal-American

(Counsel: Gerry A. Reitsch, P. Cameron DeVore, and Daniel Waggoner)

Decided: Thursday, March 4th, 1982

Prevailing Party: The Daily Journal-American (Respondent)

Vote: 8-0

Opinion: 97 Wn.2d 148 (1982)

Court: Brachtenbach2 Court (1982)

Brachtenbach

Rosellini

Stafford

Utter

Dolliver

Williams

Dimmick

Dore

Pearson