Garland v. Torre and the Birth of Reporter's Privilege

In 1959, Marie Torre of the New York Herald Tribune went to jail rather than reveal who had told her that Judy Garland apparently thought herself to be “terribly fat.” Many reporters derided Torre as a gossip columnist (she was actually the TV columnist) who did not deserve support. But the libel suit that sent her to jail, Garland v. Torre, is more consequential than they imagined. Though Torre lost her appeal, the judge recognized a degree of constitutional protection for newsgathering. Elevated to the Supreme Court of the United States, that judge, Potter Stewart, reiterated his Garland reasoning in a dissenting opinion in Branzburg v. Hayes. Many federal courts then employed the Branzburg dissent or Garland itself to craft a conditional reporter's privilege. In this fashion, Marie Torre helped scores of later reporters avoid jail.