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Schreiber v. Multimedia of Ohio10/21/1987
Per Curiam.
This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.
Defendants-appellants Multimedia of Ohio, Inc., Dave Robinson and Richard Venn (collectively, "defendants") have taken the instant appeal from an order of the court below compelling their disclosure of outtakes videotape, reporter notes and scripts compiled in connection with an allegedly defamatory news broadcast. On appeal, defendants contend that compelled disclosure of the outtakes, notes and scripts, which they assert constitute aspects of their editorial processes, infringes upon the First Amendment guarantees of free speech and freedom of the press.
On the evening of March 1, 1985, defendant Dave Robinson ("Robinson"), a news reporter employed by defendant Multimedia of Ohio, Inc. ("Multimedia"), and defendant Richard Venn ("Venn"), a Multimedia cameraman, accompanied a police officer for the city of Cincinnati on routine patrol to gather information and film footage for a proposed serieson local enforcement of state drunk driving laws. While on patrol in the downtown area of Cincinnati, the police officer stopped plaintiff John T. Schreiber ("Schreiber"). After administering a series of psychomotor tests, the officer placed Schreiber under arrest and transported him to a local station where Schreiber voluntarily submitted to an intoxilyzer test. Robinson and Venn recorded the events preceding Schreiber's arrest, accompanied Schreiber and the officer to the station, allegedly learned there that Schreiber would not be charged with any offense, and returned with Schreiber and the officer to Schreiber's vehicle where Schreiber was released.
On March 6, 7 and 8, Multimedia broadcast a three-part series on drunk driving which prominently featured the apprehension, arrest and processing of Schreiber. His alleged depiction in the series as a drunk driver promted Schreiber and his wife (collectively, "plaintiffs") to institute an action against defendants seeking compensatory and punitive damages for defamation, interference with Schreiber's right to privacy, emotional distress and loss of consortium.
Along with their complaint, plaintiffs filed interrogatories, a request for admissions, and a request for the production of documents and things. In August 1985, when defendants failed to respond to these discovery requests in a manner satisfactory to plaintiffs, plaintiffs filed a motion to compel, seeking compulsory disclosure of, inter alia: (1) videotape of persons recorded other than Schreiber; (2) notes, memoranda and other documentation relevant to Schreiber's arrest and processing or to defendants' decision to broadcast; (3) videotape of the arrest and processing of Schreiber; and (4) a transcription of the commentary of Robinson used in the broadcast. On November 7, the trial court granted plaintiffs' motion to compel and notified the parties of its disposition by postcard. Defendants responded with a motion for an in camera inspection of the material sought to be discovered and for reconsideration of the court's order to compel. On June 3, 1986, the court conducted an in camera inspection of the subject material and, by entry dated July 7, 1986, ordered defendants to produce the requested material upon its determination that the material was relevant and not privileged and thus discoverable under Civ. R. 26.
From that order, defendants have taken the instant appeal in which they contend, in a single assignment of error, that the trial court erred in granting plaintiffs' motion to compel when the news media enjoy a qualified privilege against compelled disclosure of their editorial processes and plain
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