In September 2015, B . C . Supreme Court Justice Catherine Wedge dismissed Robinson's claim citing Furlong's qualified privilege to make statements " that might otherwise meet the legal definition of defamation ".
42.
But his refusal to acknowledge as part of the settlement that publishers have a right of " qualified privilege " under the First Amendment to protect their notes and unpublished material from disclosure is cause for concern.
43.
The Supreme Court's recognition in United States vs . Nixon of a qualified privilege for executive communications severely undercuts the argument of the Office of the President regarding the scope of the government attorney-client privilege.
44.
But Superior Court Judge Noel Watkins, who ordered the sentence, said that right is a qualified privilege, not an absolute one, and in Crews'case, it was denying someone a defense in a criminal case.
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"It is not constitutionally permissible to hold Lenhart in contempt for not disclosing information covered by a qualified privilege, while ( Holmes ) determines whether it can obtain that same information from another source, " the judge wrote.
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Judge Johnson said in her opinion that any qualified privilege that would shield Lindsey was overcome by this grand jury investigation, citing in particular Starr's demand for testimony about a conversation with an unidentified person who is not a White House official.
47.
"What is worse is that he expects this trial chamber to assert the journalistic qualified privilege " based on U . S . examples " which almost in their entirety dealt with cases and situations completely different to his ."
48.
The newspaper claimed a defence of qualified privilege with regard to these assertions on the basis of their supposed benefit to the public, but a contemptuous damages of one penny in this action, leaving Reynolds with massive legal costs, estimated at ? million.
49.
When this failed, he relied on European Convention on Human Rights # Article 10 & mdash; right to freedom of expression and the newly formulated defence of Qualified privilege & mdash; provided good practice was followed it was acceptable to get things wrong.
50.
The president appealed a May decision by U . S . District Judge Norma Holloway Johnson that said that presidential advisers enjoyed a qualified privilege for communications with the president but that government-paid lawyers like Lindsey could not claim a similar privilege in criminal matters.
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