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Jul 18, 2012

On Reconsideration, Illinois Judge Holds Blog Is Protected By Shield Law

(cross posted at the Citizen Media Law Project)
On a motion for reconsideration, an Illinois trial judge who held in January that the technology news blog TechnoBuffalo.com was not protected by Illinois' reporter's shield law (75 Ill. Comp. Stat. §§ 5/8-901 - 8-909) has reversed himself, holding now [pdf] that "within the present definitions under the Act, this Court must find TechnoBuffalo is a news medium, its employees are reporters, including the employee who wrote the article at issue, and TechnoBuffalo is protected by the Illinois reporter’s privilege."

Jul 10, 2012

Justices Use Internet "Extrinsic Evidence" in Big Cases

Two of the Supreme Court's recent major decisions provide vivid examples of my prior blog post about judges (and Supreme Court justices in particular) using "extrinsic evidence" -- materials other than what the lawyers present to them in briefs, trial, or argument -- to make judicial rulings.