Federal judge allows Atlanta reporter to withhold sources

A federal judge ruled that the Georgia state shield law protects a former Atlanta Journal-Constitution reporter from revealing sources. A journalism professor had brought an invasion of privacy suit against the reporter asking her to identify the sources. -DB

The Atlanta Journal-Constitution
May 5, 2009
By Bill Rankin

A former Atlanta Journal-Constitution reporter does not have to testify in a case brought by journalism professor John Soloski against the University of Georgia, a federal judge has ruled.

In a ruling last week, Senior U.S. District Judge Marvin Shoob said former AJC staff writer Kelly Simmons is protected by a reporter’s privilege that shields her from having to disclose her sources.

In June 2005, Simmons, who now works for UGA’s Office of Public Affairs, reported in the AJC that the university was investigating allegations of sexual harassment against Soloski.

The following year, Soloski filed suit, saying he was unfairly accused and forced to step down as journalism dean. He also claims invasion of privacy.

Previously, Shoob ordered UGA to expunge from Soloski’s personnel records that he violated the school’s sexual harassment policies. But last week, Shoob said Soloski’s lawyers did not need to question Simmons.

The lawyers did not exhaust all reasonable alternative sources to find out who leaked the story to the AJC, the judge said. Also, because a UGA official confirmed the existence of the harassment probe, “the source of the original tip is, at best, redundant and unnecessary evidence,” Shoob said.

Copyright 2009 Atlanta Journal-Constitution