Minnesota reporter to appeal order to reveal sources

By The Associated Press

11.21.01

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A reporter for a Maplewood, Minn., community newspaper said on Nov. 19 that he would appeal a judge's order to reveal story sources he promised to keep confidential.

Ramsey County District Judge Dale Lindman in August ordered Wally Wakefield, who writes a weekly column for the Maplewood Review newspaper, to disclose the sources in a story he wrote four years ago about a fired football coach. When Wakefield refused, the judge earlier this month ordered him to pay a fine of $200 a day.

"I feel good about going back and appealing it once more," Wakefield said after announcing his decision. "The issue is one of such importance, we need to use all the ammunition we have."

The subject of the story, Richard Weinberger, was a controversial figure during a 10-year tenure as head football coach at Tartan High School. He eventually was fired from that position because of alleged misconduct and maltreatment of his players, according to court documents. In his article, Wakefield quoted a number of the coach's critics anonymously. The article said that according to sources, "the coach is known for his temper, inappropriate comments and foul language."

Weinberger's attorney, Stephen Cooper, called the comments "scathing and untrue."

After he was fired, Weinberger sued the school district and several of its employees alleging breach of contract, defamation and related claims. He didn't sue the newspaper or any of its employees.

But his attorney later persuaded the judge to direct Wakefield and others to identify their sources. The weekly newspaper took the case to the state Court of Appeals, which said the lower court had misapplied the law and sent the case back to the lower court for further action. That led to Lindman's August order for Wakefield to turn over the names and the subsequent fine order.

The state's Free Flow of Information Act gives news organizations protection from having to divulge their sources, with some exceptions such as defamatory statements made with malice.

Wakefield's attorney, Mark Anfinson, said the case was difficult, but said the judge's order had "some real defects in it."

"It's by no stretch of the imagination a slam dunk for us," he said. "But in the end, given Wally's alternatives, we've got to go all 12 rounds."

Cooper said the fact that Wakefield didn't appeal before now "shows the games they're playing."

The 71-year-old Wakefield has partially retired, but still writes a weekly column for the newspaper. "If one is made to give up the confidentiality of their sources, what's next?" Wakefield said. "It's very serious."

Update

Reporter doesn't have to reveal sources, Minnesota appeals court rules
Former football coach wanted court to force journalist to name sources for article about school district's decision not to retain him.  06.20.02

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Reporter given 21 days to reveal sources
Attorney says Minnesota judge's order that journalist supply names or face $200-a-day fine could put 'big chill' on newsgathering.  11.06.01