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Gilman v. Toll

Surprise Court Order Cancels Journalist Hearing

Is Sam Toll A Reporter? Judge Rules Yes.

Readers of The Teller are aware of the upcoming hearing to determine if The Teller’s editor Sam Toll is a journalist and if The Teller is a modern day equivalent of a newspaper.

The hearing was originally set for December 20th. It was rescheduled for February 20th, It was rescheduled for March 15th

In the meantime, attorneys for Mr. Toll filed a motion to dismiss based on new evidence uncovered surrounding Commissioner Gilman’s primary residence. Documents Commissioner Gilman signed and filed with Washoe County over the past 11 years have him living in Washoe Valley.

Is The Teller A Newspaper? Judge Rules No.

On Monday, Judge James Wilson ruled on the journalist/newspaper matter without holding the hearing scheduled for March 15th. Judge Wilson concludes that Sam Toll is a journalist, but that The Teller isn’t a newspaper or periodical because it isn’t ink on paper. We have attached the ruling below.

The order also grants Gilman to seek discovery of information on Toll’s sources from the time period of February 2017 through July 2017. Judge Wilson deemed Toll to be a journalist when he became a member of the Nevada Press Association in August of 2017.

Many of The Teller’s supporters and detractors were looking forward to the hearing at the historic Storey County Courthouse. They will miss out on what might have been some great courtroom drama.

But the news is not all disappointing for Toll. In his order, Judge Wilson denied Gilman’s request for sanctions and partial summary judgment.

Is The Ruling

Toll’s attorney, Luke Busby told The Teller;

While we respect Judge Wilson, we fundamentally disagree that an online journalist should be compelled to reveal their sources because they publish news articles in an online newspaper instead of traditional print newspaper. Such a ruling undermines the protection of fundamental Constitutional principles of freedom of speech and of the press and stifles the free flow of information that is essential for any free society to exist.”

Gilman’s attorney had until March 6th at 5:00 to reply to Toll’s motion to dismiss. He failed to reply. This may adversely affect Gilman’s position.

We will make more information available as it happens.

This story was carried in several online news sources that don’t print on paper either.

Stay Tuned.

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8 comments

  1. Sam Toll, 3/6/19
    It’s a damn shame that we have to be so happy about
    something that never should have been allowed to happen
    in first place.
    Here goes – GREAT NEWS!!!!
    And thank you Judge for doing the LOGICALLY right thing..
    albeit not exactly up to date with the era we live in.
    Sam DNA Dehne
    PS
    The only “surprise” is that that shameless whorehouse
    owner was even able to perpetrate this craven scheme
    for so long.
    PSS
    Hi Judge, Isn’t it fraud to lie about residence while impersonating
    a govt official in different county, and is there some way to punish
    that whorehouse owner? Fine, Dismissal from Commission where
    he has been masquerading as a carpet bagger from a different
    county. Records prove HE LIVES IN WASHOE.. NOT STOREY COUNTY.

    • Carol & Bill Roe

      Congratulations Sam but to bad the judge is living in the dark ages. I could use the RGJ / USA Today as an example of a newspaper not printed on paper.
      Sincerely, Carol & Bill Roe

  2. This has the odor of the White House. Usually the odor is from freshly thrown mud. At this time someone needs to call for an empty honey wagon.

  3. I am delighted to see this story make national headlines. If you follow the current RGJ story link, it illustrates Sam’s unflagging efforts to ascertain zoning info which led him to deduce that it would be in violation of current zoning codes if Gilman lived at Mustang. I became aware long ago that his physical address is undeliverable in in the USPS database when I was volunteering in the recall and verifying addresses. Additionally, Gilman owns a house in Washoe that he claims to be his primary residence, and has received reduced property taxes benefits on that property based on that claim for over a decade. At the same time, he also claims to live in a trailer with a male roommate in Storey County, which enabled him to run for Commissioner here and vote here. How can Gilman have TWO primary residences???

    I hope daylight and power flashlights are shown into the recesses of Storey County government. The County makes payments on at least one verbal contract and perhaps others, which I find outrageous as they can not be documented or publicly searched. The DA has directed employees to violate federal disclosure requirements when I sought to learn an EIN number. I wish the feds would return to Storey County. Last time they did, didn’t Conforte flee to Brazil?

    • The hypocrisy in Storey County is in full force. The reason Gilman sued me is to shut me up. Won’t happen, even from jail which is what I face for keeping my sources confidential.

      • By not shutting up, it just creates more attention. More attention, more stories in other publications about this County, more questions asked, more digging done, more light shone on questionable practices. All a win win in my opinion. Except if you get thrown in a cell, which is a huge sacrifice for you personally, but look at all the time you will then have to write!

  4. So now a person has to join a specific club (Nevada Press Association) to be a journalist? Says who? This judge is out of line. He is making up law as he proceeds. I’m thinking someone needs to check his bank account to see if any unusual deposits have been made lately.

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