In re Madden
Encyclopedia
In re Madden, 151 F.3d 125 (3d Cir. 1998), is a decision from the Third Circuit Court of Appeals
that established the Madden test, a test used to determine whether an individual is a journalist with standing to claim journalist's privilege
.
In re Madden was an appeal by Titan Sports, now known as World Wrestling Entertainment, Inc.
, in the case Titan Sports, Inc. v. Turner Broad. Sys. Titan, the parent company of World Wrestling Entertainment, at the time known as the World Wrestling Federation, had sought to discover anonymous sources
used by Mark Madden
, an employee of World Championship Wrestling
(WCW), which at the time had Turner Broadcasting Systems, Inc.
as its parent company. Madden, citing his journalist's privilege, refused to disclose the names of the sources during his deposition
. The District Court upheld his right to the privilege under Pennsylvania's
shield law
. Titan appealed the initial ruling, and The Court of Appeals reversed, finding that Madden was an entertainer and not a journalist
.
Known as the Madden test, the Court said that an individual may be afforded a journalist's privilege if he can prove he is (1) engaged in investigative reporting
, (2) is gathering news, and (3) possessed the intent at the inception of the news-gathering process to disseminate the news to the public (151 F.3d 125, 131).
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
that established the Madden test, a test used to determine whether an individual is a journalist with standing to claim journalist's privilege
Reporters' Privilege
Reporters' privilege in the United States, is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources"...
.
In re Madden was an appeal by Titan Sports, now known as World Wrestling Entertainment, Inc.
World Wrestling Entertainment
World Wrestling Entertainment, Inc. is an American publicly traded, privately controlled entertainment company dealing primarily in professional wrestling, with major revenue sources also coming from film, music, product licensing, and direct product sales...
, in the case Titan Sports, Inc. v. Turner Broad. Sys. Titan, the parent company of World Wrestling Entertainment, at the time known as the World Wrestling Federation, had sought to discover anonymous sources
Journalism sourcing
In journalism, a source is a person, publication, or other record or document that gives timely information. Outside journalism, sources are sometimes known as "news sources"...
used by Mark Madden
Mark Madden
Mark Madden is an American radio sports talk-show host in Pittsburgh and also a former World Championship Wrestling color commentator. -Career:...
, an employee of World Championship Wrestling
World Championship Wrestling
World Championship Wrestling, Inc. was an American professional wrestling promotion which existed from 1988 to 2001. Based in Atlanta, Georgia, it began as a regional promotion affiliated with the National Wrestling Alliance , named Jim Crockett Promotions until November 1988, when Ted Turner and...
(WCW), which at the time had Turner Broadcasting Systems, Inc.
Turner Broadcasting System
Turner Broadcasting System, Inc. is the Time Warner subsidiary managing the collection of cable networks and properties started and acquired by Robert Edward "Ted" Turner starting in the mid-1970s. The company has its headquarters in the CNN Center in Atlanta, Georgia. TBS, Inc...
as its parent company. Madden, citing his journalist's privilege, refused to disclose the names of the sources during his deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
. The District Court upheld his right to the privilege under Pennsylvania's
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
shield law
Shield law
A shield law or reporters' privilege is legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process.-Definition:...
. Titan appealed the initial ruling, and The Court of Appeals reversed, finding that Madden was an entertainer and not a journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
.
Known as the Madden test, the Court said that an individual may be afforded a journalist's privilege if he can prove he is (1) engaged in investigative reporting
Investigative journalism
Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, often involving crime, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Investigative journalism...
, (2) is gathering news, and (3) possessed the intent at the inception of the news-gathering process to disseminate the news to the public (151 F.3d 125, 131).
See also
- The 1st AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
- Branzburg v. HayesBranzburg v. HayesBranzburg v. Hayes, 408 U.S. 665 , was a landmark United States Supreme Court decision invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972 and decided June 29 of the same year. The reporter lost his...
- Von Bulow v. von BulowVon Bulow v. Von BulowVon Bulow v. Von Bulow, 811 F.2d 136 , was a case appealed from a contempt ruling after a District Court rejected the claim of a reporter's privilege by Claus von Bulow and Andrea Reynolds....