Former editor subpoenaed in constable’s defamation suit

A subpoena to former newspaper editor Joseph Abraham to testify and turn over documents in a defamation case in Monticello, New York, was struck down on Nov. 26, 2025, when the state’s highest court ruled that Abraham was protected by state reporter’s privilege.

Abraham was the managing editor of the Sullivan County Democrat newspaper, which published an article in August 2022 about a Highland Town Board investigation of its constabulary. The article described allegations from the board’s report accusing Constable Marc Anthony of workplace misconduct. Anthony then sued the town for defamation and discrimination, alleging that a town official had leaked information from the investigation that damaged his reputation.

In March 2024, Anthony subpoenaed Abraham for testimony and any documents relating to the former constable, the constabulary or the Democrat’s article. He reissued it in July to correct a procedural error, adding a demand for text messages between Abraham and the town official Anthony accuses of authenticating the allegations in the board’s report for the Democrat.

Abraham’s motion to quash that subpoena was denied in September, but the order was stayed while he appealed it to the Appellate Division of the Supreme Court of New York.

In their ruling reversing the lower court’s order, the appellate judges pointed to Anthony’s contention that he only wanted to learn from Abraham the identity of the source who confirmed the report. Anthony hadn’t shown that he’d tried to get that information from anyone else, the judges wrote, and therefore hadn’t overcome the protections of state reporter’s privilege shielding Abraham.

Abraham’s attorney Michael Linhorst told the U.S. Press Freedom Tracker that he was heartened to see the Appellate Division reaffirm the state’s shield law.

“The court continued New York’s long tradition of protecting the free press and ensuring journalists can gather information without fear of constantly being hauled into court to give up their sources,” he said.

Former newspaper editor Joseph Abraham told a New York county court on Oct. 9, 2024, that he would appeal its decision to uphold a subpoena for his testimony and documents, according to court records reviewed by the U.S. Press Freedom Tracker.

Abraham was the managing editor of the Sullivan County Democrat, a twice-weekly newspaper in New York’s Catskill Mountains. The Democrat published an article in August 2022 about a Highland Town Board investigation of its constabulary and described allegations from the board’s report accusing Constable Marc Anthony of workplace misconduct.

Anthony then sued the town for defamation and discrimination, alleging that a town official had leaked information from the investigation that damaged his reputation. He subpoenaed Abraham in March 2024, demanding testimony and any documents in his possession relating to Anthony, the constabulary or the Democrat’s article. The court allowed Abraham’s motion to quash that subpoena because Anthony’s attorney hadn’t served it properly.

Anthony subpoenaed Abraham again in July, adding a demand for text messages between Abraham and the town official Anthony accuses of authenticating the allegations in the board’s report for the Democrat.

Abraham’s motion to quash that subpoena was denied in September, but the order was stayed pending his appeal. His notice of appeal reiterates that the materials sought in the subpoena are protected from disclosure by New York’s reporters’ shield law and the First Amendment.

Abraham has until April 9, 2025, to file his appellant brief, according to a clerk for the Supreme Court of New York, Appellate Division, Third Judicial Department.