Opinion
[No. 233, September Term, 1972.]
Decided October 17, 1972.
CONTEMPT — GRAND JURIES — Newsman's Privilege Statute — Constitutional Rights Of Free Speech And Press — Statute Must Be Strictly Construed Where It Is In Derogation Of Common Law — Maryland Newsman's Privilege Statute Does Not Protect Against Disclosure Of Communications But Rather Privileges Only The Source Of Information — Privilege Extends Only To Newsman Not Informant — Statutory Privilege Encompasses Any Source Of News Or Information Irrespective As To Whether Source Gave Information In Confidence Or Not It Being For Newsman To Determine Whether He Will Or Will Not Disclose His Source — Because Newsman Himself Was The Source Of News Or Information Having Personally Investigated And Observed The Conduct Of Certain Persons Which Of Itself Constituted The Commission Of Criminal Activities He Could Lawfully Be Directed To Disclose Location And Identity Of Participants Before Grand Jury. p. 551
CONSTITUTIONAL LAW — Compelling Disclosure Of Newsman's Source — To Compel Newsman To Disclose Sources Of Information Ascertained Through His Personal Observations And Investigation Not Violative Of Freedoms Of Speech And Press Contained In First Amendment To Federal Constitution And Article 40 Of The Maryland Declaration Of Rights — Claim To Constitutional Protection For Newsman's Source Of Information Under Circumstances In Instant Case Held Without Merit. p. 551
(See opinion 15 Md. App. 713 (1972).)
Certiorari to the Court of Special Appeals of Maryland.
Petition for writ of certiorari granted where the Court of Special Appeals affirmed a judgment of the Circuit Court for Worcester County finding David M. Lightman's refusal to answer questions by the grand jury as civil contempt.
Judgment affirmed, with costs.
Reporter's Note: Petition for writ of certiorari to Supreme Court of the United States filed January 12, 1973.
The cause was submitted to McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.
Petition filed by Francis D. Murnaghan, Jr., and Douglas D. Connah, Jr., for appellant.
This Court, having granted a writ of certiorari and in accordance with Maryland Rule 811 b having determined that no error of law appears in the decision, adopts the opinion of Chief Judge Murphy for the Court of Special Appeals in Lightman v. State, 15 Md. App. 713 and affirms the judgment of the Court of Special Appeals.
Judgment affirmed, with costs.