and TBS personnel. In short, the professional relationship between Mr. Madden and personnel of the WCW and TBS consisted of the typical editorial process that occurs prior to dissemination of information to the public.
Therefore, consistent with the Herbert decision, the Court finds that Titan is not barred from inquiring into Mr. Madden's "thoughts, opinions, and conclusions" in connection with his commentaries on the 900-number hotline. Id. 441 U.S. at 170, 99 S. Ct. at 1646. Additionally, the Court finds that Mr. Madden's interactions between employees of the WCW and TBS relating to the 900-number hotline are part of the editorial process. Titan is also entitled to discover into the "internal communications" and "collegiate conversations or exchanges" that occurred between and among Mr. Madden and employees at the WCW and TBS. In sum, Titan is not barred from discovering "all circumstances surrounding the transaction" involving the alleged statements made on the 900 hotline. Cook v. East Shore Newspapers, 327 Ill. App. 559, 590, 64 N.E.2d 751, 765 (1945) (cited with approval in Herbert, 441 U.S. at 165 & n.15, 99 S. Ct. at 1643 & n.15).
The Court concludes that Mr. Madden qualifies as a journalist and is entitled to invoke the journalist's privilege. The federal qualified journalist's privilege applies in this case. Even if Pennsylvania's Shield Law were to apply, it seems apparent that Titan would be able to inquire into the editorial process. Judge Becker, concurring in Coughlin v. Westinghouse Broadcasting and Cable Inc., 780 F.2d 340, 344 n.2 (3d Cir. 1985), cert. denied, 476 U.S. 1187, 106 S. Ct. 2927, 91 L. Ed. 2d 554 (1986), recognized the distinction in Pennsylvania between discovery of confidential sources and discovery into the editorial process: "The [Pennsylvania] Shield Law protects only sources of information, not the thought or editorial processes of reporters or news organizations."
As to the discovery of Mr. Madden's confidential sources, Titan has failed to overcome the journalist's privilege and is therefore prohibited from compelling disclosure of Mr. Madden's confidential sources. However, Titan is permitted to discover into the editorial processes that occurred among and between Mr. Madden and individuals from the WCW and TBS concerning the commentaries disseminated over the 900-number hotline.
Accordingly, Titan's Motion will be GRANTED in part and DENIED in part. An appropriate Order will be entered.
AND NOW, this 4th day of April, 1997, it is hereby ORDERED that the "Motion To Enforce Subpoena and Otherwise Compel Disclosure by a Non-Party" (Document No. 1) is GRANTED in part and DENIED in part as follows:
1. Plaintiff Titan Sports, Inc.'s motion is DENIED insofar as it requests disclosure of Mark W. Madden's confidential sources relating to the 900-number hotline.
2. Plaintiff Titan Sports, Inc.'s motion is GRANTED insofar as it requests disclosure into the editorial processes between and among Mark W. Madden and individuals at World Championship Wrestling, Inc. and Turner Broadcasting Systems, Inc. in connection with Mark W. Madden's commentaries disseminated on the 900-number hotline operated by World Championship Wrestling, Inc. and Turner Broadcasting Systems, Inc.; and in that regard, Titan Sports, Inc. is permitted to discover the identities of individuals involved in the editorial process in connection with Mark W. Madden's commentaries on the 900-number hotline.
Donald J. Lee
United States District Judge