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Gilman v. Toll

Gilman v. Toll Heads to Supreme Court

Supreme Court Sets Date for Gilman v. Toll

The Nevada Supreme Court set September 5th, 2019 as the date to hear oral arguments in the Gilman v. Toll matter. In June, attorneys for The Teller’s editor Sam Toll filed a mandamus brief with the Nevada Supreme Court requesting a stay of proceedings in the case while they consider hearing the case.

Readers may remember First District Court Judge James Wilson scheduled a hearing for March 15th, 2019. The hearing was to receive expert witnesses testimony to determine if The Teller is the modern equivalent of a newspaper. It was also intended to determine if The Teller’s editor Sam Toll is a journalist. Days before the hearing, Wilson issued an unexpected ruling and cancelled the hearing.

In his ruling, Judge Wilson indicated that The Teller is not a Newspaper because it has no printed component. He also ruled that Sam Toll became a journalist only when he joined the Nevada Press Association in August of 2017. He further ruled that because Toll was not a reporter between February 2017 when he started The Teller and August 2017 when he became a member of the NPA, he would have to disclose sources he used to determine that Lance Gilman does not reside at the Mustang Ranch as he claims. Wilson ordered Toll to submit to discovery by Gilman’s attorneys including new depositions.

Toll’s attorneys then filed an emergency Writ of Mandamus with the Nevada Supreme Court requesting “the District Court vacate the District Court’s order requiring disclosure of his confidential sources and dismiss this action outright or order the District Court to rule on Mr. Toll’s Motion to Dismiss as submitted.”

This issue enjoyed national attention when news organizations and groups protecting reporters and journalists became aware of it. Toll’s Writ of Mandamus was accompanied by 6 Amicus Briefs from various groups including the ACLU and the Nevada Press Association.

Oral arguments will last 30 minuted and the public is welcome for all Supreme Court appearances. The hearing will begin at 10:30 a.m.

Interested parties are encouraged to attend.

Supreme Court EnBanc

 

 

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