Hallissy

Erin Hallissy, a journalist, challenges an order requiring her to reveal unpublished materials she has gathered and an ensuing order holding her in contempt for failing to do so. We grant the requested relief.

I.

Real party in interest John Sapp is presently charged with three counts of murder in the first degree. (Pen. Code, §§ 187, 189.) He is also charged with the special circumstances of multiple murder and murder for financial gain. (§ 190.2, subds. (a)(1) and (a)(3).) Prior to the preliminary examination, Sapp was interviewed by petitioner, a reporter for the Contra Costa Times. Material gathered in the interview was published in the paper in an article entitled, “I killed many for pay.” After the article appeared the prosecutor amended the complaint to allege the special circumstance of murder for financial gain. Sapp subpoenaed petitioner to appear at the preliminary examination with the notes of the interview. Petitioner then successfully moved to quash the subpoena on the ground that her unpublished material was protected by the First Amendment of the United States Constitution and by article I, section 2, subdivision (b), of the California…