Incident Details
- Date of Incident
- May 30, 2018
- Legal Orders
-
-
subpoena
for
testimony about confidential source
- May 30, 2018: Pending
- June 27, 2018: Carried out
- July 24, 2018: Objected to
- Aug. 22, 2018: Partially upheld
- Sept. 18, 2018: Carried out
-
subpoena
for
testimony about confidential source
- Legal Order Target
- Journalist
- Legal Order Venue
- State
Subpoena/Legal Order
Ohio editor sat for second deposition in defamation case
Jason Hawk, the editor of the Oberlin News Tribune, sat for a second deposition on Sept. 18, 2018, as part of a defamation suit filed by a local bakery against Ohio’s Oberlin College, according to court records reviewed by the U.S. Press Freedom Tracker.
Hawk reported in November 2016 on protests outside of Gibson’s Bakery, which college administrators and students had accused of racial discrimination. The bakery filed its defamation suit against Oberlin College a year later.
The college subpoenaed Hawk directly after it unsuccessfully sought the bakery’s communications with journalists, including Hawk. Hawk sat for an initial deposition on June 27, 2018, during which he refused to answer any questions concerning his sources. Dissatisfied, Oberlin sought to compel further testimony while attorneys representing Hawk filed a motion to quash the subpoena on July 24.
County Judge John Miraldi ruled on Aug. 22 that Oberlin could ask Hawk about what he witnessed during the protest but not about his sources or his communications with other News Tribune staff, and the editor sat for that videotaped deposition on Sept. 18.
On May 30, 2018, attorneys for Oberlin College in Ohio subpoenaed local newspaper editor Jason Hawk to testify about his confidential sources.
Hawk, the editor of the Oberlin News Tribune, had reported in November 2016 on protests outside of Gibson’s Bakery, a local bakery that Oberlin College administrators and students accused of racial discrimination. In November 2017, the bakery sued Oberlin College in state court for defamation.
As part of the defamation suit, Oberlin’s attorneys subpoenaed Gibson’s Bakery for records of its communications with journalists, including Hawk. When that subpoena was denied, Oberlin’s attorneys subpoenaed Hawk directly, ordering him to testify at a deposition on June 27, 2018. (Oberlin's attorneys also subpoenaed William Jacobson, a legal blogger who had written extensively about the defamation suit.)
During the June 27 deposition, Hawk refused to answer many questions, citing his reporter’s privilege not to divulge information about his sources.
Neither Oberlin’s attorneys nor Hawk’s attorneys were happy with the deposition. Oberlin’s attorneys asked the court to force Hawk to answer more questions about what he witnessed at the protest, while Hawk’s attorneys asked the court to quash the subpoena.
On Aug. 22, the court ruled that Oberlin could not ask Hawk questions about his sources, but Hawk did have to answer questions about what he witnessed during the protest.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
