The Supreme Court also said that journalists cannot appeal an order requiring them to testify until they are actually cited for contempt of court. The Supreme Court ruled that such an appeal was premature. As a result, a journalist can still be jailed for not obeying a court order to turn over confidential material before an appeal of the order is allowed. But the majority opinion allows that very thing to happen. Taken together, the Delaney and New York Times decisions of the California Supreme Court can hardly be viewed as victories for the media.
Journalists investigate and write about crime daily.
They often obtain information that could be relevant to the defense in a future criminal case.