Prof. Kirtley Discusses Reporters Privilege for Documentary Filmmaker

Professor Jane Kirtley was quoted in a Reuters story about Chevron Corp.'s attempt to obtain outtakes from a documentary filmmaker's project about a dispute over oil pollution in Ecuador. Chevron argues that there is no privilege because no promises of confidentiality were given. Prof. Kirtley said that documentary outtakes should enjoy the same protection as a reporter's notebook, but acknowledged that "it's often a tough argument" because it requires judges to protect not just the source, but editorial independence. The case will be argued in the U.S. Court of Appeals (2nd Circuit) in July.