SER Lincoln Journal v. Hustead

Petitioner The Lincoln Journal, Inc. sought a writ of prohibition against the Honorable Jane Hustead, to prevent an order to compel the revelation of alleged confidential and First Amendment privileged news sources and news gathering materials. Respondents Timothy Butcher and Bobby Adkins filed suit against the Journal alleging that eleven news articles that reported on the 2008 Lincoln County Primary Election were defamatory. These articles reported an ongoing investigation into alleged campaign law violations, including allegations that election laws were violated by individuals who funneled or received thousands of dollars in support of candidates backed by Dan Butcher. The circuit court ordered production of the Journalâs sources. Petitioner asserted that if forced to produce the privileged documents, the resulting breach of confidentiality and exposure of the news gathering materials would be severe and irreparable. The Supreme Court had original jurisdiction over the case, and found that the circuit court erred by compelling the Journal to reveal its sources and news gathering materials. The Court granted the writ of prohibition, and remanded the case for further proceedings.