7A: Breach Of Contract If you intentionally or negligently reveal the identity of a source to whom you have promised absolute confidentiality, you may be subjected to a claim for breach of contract. While Nevada law has not made this determination, the United States Supreme Court has held that the …

Under federal law a participant in a telephone conversation can tape record it without the knowledge of the other person as long as the purpose is not criminal or tortuous. 18 U.S.C. §2511(2)(d). Under Nevada law, however, it appears that a participant in a private conversation may not record that …

6A: The Origins Of Privacy Law Invasion of privacy is a tort of recent vintage. It springs from an influential law review article written around the turn of the century, and more recently from a 1960 law review article by Dean Prosser. In that article Prosser identified four types of …

For many years Nevada has had on its books a criminal libel statute. It was considered an historical anachronism. However, that was until 1992, when an attorney implied that they might consider filing criminal libel charges against a Nevada paper. While the DA eventually decided not to prosecute, the incident …

4A: A Brief Course In Defamation This section does not purport to be an explanation of the nuances of defamation law, and especially not of its defenses. It is solely designed to give you an idea of what types of publication can form the basis for a defamation suit. Defamation …

3B: Subpoenas Under State Law 3B1: Nevada’s Shield Law Nevada’s Shield Law, NRS §49.275 is one of the strongest in the nation. It states: No reporter, former reporter or editorial employee of any newspaper, periodical or press association or employee of any radio or television station may be required to …

What To Do When You Receive A Subpoena When you are handed a subpoena or receive one in the mail, immediately notify your editor and your attorney. Depending on the court (state or federal) you may have substantial protection against having to testify. However, unless steps are taken to quash …

If you get handed a subpoena in open court: “Your honor, I am a reporter employed by a [newspaper or television station] and have been subpoenaed to testify about information I obtained in that capacity. I believe that I am privileged from testifying about such information pursuant to NRS 49.275. …

I’m not an attorney, and I try not to sound like one when I’m giving advice or testifying in front of the Legislature. However, I do spend a lot of time analyzing statues such as Nevada’s records and open-meeting laws, which gives me an opinion on whether they are difficult …