ADL

The underlying issue in this case relates to the right to privacy. Whether that right was violated cannot be determined, however, without the disclosure of relevant evidence. The question before us now is whether such disclosure can be compelled without violence to the First Amendment values requiring protection of a journalist’s confidential sources and information.

Petitioners Anti-Defamation League of B’nai B’rith (ADL) and Roy Bullock seek to set aside a discovery order issued by respondent superior court (Judge Alex Saldamando) on September 19, 1997, granting reconsideration and ordering compliance with certain discovery requests by real parties in interest after finding that they have now met the criteria set forth in Mitchell v. Superior Court (1984) 37 Cal.3d 268 [ 208 Cal.Rptr. 152 , 690 P.2d 625 ], to overcome the journalist’s qualified privilege. Respondent court stayed the effect of its order pending final determination of this writ petition. Initially, this court denied the petition without opinion. Thereafter, the Supreme Court directed us to issue an order to show cause and to place the matter on calendar.

As explained hereafter, we hold that petitioners,…