United States: Court Orders Journalist Ishani Desai to Handover Interview Notes

The ruling significantly lowers the bar for overriding a journalist's right to confidentiality, potentially deterring sources from speaking with journalists.

Location: United States
Date: November 15, 2023

The California 5th District Court of Appeal upholds a lower court’s decision ordering Ishani Desai — a former reporter for the Bakersfield Californian and now with The Sacramento Bee — to handover interview notes. The ruling against Desai and The Californian poses a concerning precedent that threatens the protection offered to journalists under the First Amendment and California’s shield law. This decision risks lowering the bar for overriding a journalist's right to protect their sources and unpublished material, a cornerstone of investigative and in-depth reporting. The Coalition for Women in Journalism and Women Press Freedom stands firmly in support of Ishani Desai and urges the legal system to carefully consider the broader implications of such rulings on the freedom of the press and the vital role journalists play in a democratic society. 

“We’re fighting this because it’s so important for people to know we are not an arm of any government agency,” Ishani Desai told the Los Angeles Times. “We want to protect our independence.”

In may 2023, Desai and The Californian were found in contempt of court for not handing over her interview notes of a jailhouse interview she conducted with Sebastian Parra, a suspect in the 2022 murder of Benny Alcala Jr., a counselor for the California Department of Corrections and Rehabilitation.   

Robert Pernell Roberts, a co-defendant in the murder, through his attorney, Lexi Blythe, subpoenaed Desai's unpublished interview notes. The defense argued these notes were crucial for Roberts' fair trial. The Californian, backed by First Amendment and California's shield law, contested this subpoena. 

On November 15, The Kern County Superior Court, however, ordered the notes to be turned over, citing their necessity for the defense.

“We are extremely disappointed in the Court of Appeal’s decision requiring The Bakersfield Californian to turn over its unpublished notes,” says The Californian’s attorney, Thomas R. Burke. “The decision overlooked the newspaper’s substantial showing that the public defender has ample alternative sources for the same information it claimed to need from the newspaper, and sets the bar a defendant must meet to compel disclosure dangerously low.”

Since the notes were handed over to the deputy public defender, The Californian decided to publish them. They are now available on Bakersfield.com.

The ruling has far-reaching implications, lowering the threshold for overriding a journalist’s privilege to keep their work confidential. This is particularly concerning in an age where the independence of the press is a cornerstone of a democratic society.

"It just can’t be enough that the defense is just fishing for potential information," says David Loy, legal director for the First Amendment Coalition, stressing the stringent standards required to override a journalist's privilege.

The Californian has decided not to take the case to the Supreme Court. With costs already around $100,000 to bring the case to this point, it's probable that expenses will surpass this amount. 

“In an age of diminished newsroom resources — experienced by newsrooms across the country — we were compelled to make a practical decision,” says Peterson. “We must also protect our ability to continue providing local news and information to our community, which relies on our work to be informed citizens.”

The 5th District Court of Appeal has said its decision will be published, meaning it will be available as legal precedent to use in future Shield Law cases.

The Coalition for Women in Journalism and Women Press Freedom, firmly support Ishani Desai and The Californian. The Court's ruling against Desai and The Californian poses a concerning precedent that threatens the protection offered to journalists under the First Amendment and California’s shield law. We urge the legal system to carefully consider the broader implications of such rulings on the freedom of the press and the vital role journalists play in a democratic society. 

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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