U.S. Press Freedom Tracker

Boston Globe ordered to turn over communications, files in contract dispute suit

Incident details

Date of incident
August 22, 2024

Subpoena/Legal Order

Legal orders
Legal order target
Institution
Legal order venue
State
SCREENSHOT

A portion of an Aug. 22, 2024, request in a Massachusetts state court to subpoena The Boston Globe for documents, notes and communications connected to a pair of articles published in 2022 concerning a then-gubernatorial candidate.

— SCREENSHOT
August 22, 2024

The Boston Globe was subpoenaed in Massachusetts state court on Aug. 22, 2024, seeking a trove of newsgathering materials in connection with a pair of articles about a Rhode Island gubernatorial candidate.

In early November 2022, the Globe published two stories about former candidate Ashley Kalus’ dispute with her former contractor. On Nov. 9, Kalus filed a suit against the contractor, Michael Gruener, alleging that he had violated the terms of a settlement agreement by speaking about the dispute and sharing disparaging texts he had received from Kalus.

According to court filings reviewed by the U.S. Press Freedom Tracker, Gruener initially denied the allegations, and, in August 2024, Kalus asked the court to send subpoenas to the reporter for testimony and the Globe for a broad collection of documents.

Superior Court Judge Rosemary Connolly granted Kalus’ motion Aug. 26, authorizing the issuance of the subpoenas.

In a copy of the subpoena reviewed by the Tracker, Kalus requested all notes or communications with, documents shared by or phone records for conversations between any Globe employee and sources for the articles, including Gruener. It also demanded copies of any public records requests made as part of the reporting and copies of whatever documents or written responses were received.

Gruener later admitted that he was behind the communications, and the Globe provided more than 400 pages of communications and files between Gruener and its reporter, who asked the Tracker to remain anonymous.

According to an affidavit from the journalist, the records turned over included copies of emails Gruener sent in October and November 2022, along with two Dropbox links and the documents they included. The Globe reporter also declared that they had three phone calls with Gruener around the time the articles were published.

Court records show that the journalist asked the court to issue a protective order to prevent them having to testify, and, in March 2025, Superior Court Judge Jackie Cowin did so.

She noted that “the plaintiffs already have a trove of texts, emails and documents that defendant Gruener sent” to the reporter.

An attorney for the Globe did not respond to requests for comment.

The U.S. Press Freedom Tracker catalogs press freedom violations in the United States. Email tips to [email protected].