Minnesota Supreme Court Rejects Attempt to Compel Disclosure of Reporter Communications
ST. PAUL, Minn. – The Minnesota Supreme Court ruled today that the Minnesota Free Flow of Information Act (MFFIA) does not have an exception for journalists who are alleged to have engaged in illegal activity, such as trespassing, when gathering news. The decision rejects an attempt by oil company Energy Transfer to compel the disclosure of sensitive reporter communications and newsgathering materials stemming from the 2016 Dakota Access Pipeline protests.
“The Minnesota Supreme Court made the right call: Those who seek to pry sensitive information away from newsgatherers cannot defeat the robust protections of the MFFIA simply by alleging that the newsgatherers trespassed or jaywalked in pursuit of a story,” said Matthew Segal, co-director of the ĚÇĐÄVlogState Supreme Court Initiative. “A free press demands that we protect journalists from attempts to misuse the law to strongarm them into compliance.”
The ĚÇĐÄVlog, the ĚÇĐÄVlogof Minnesota, and law firm Simatic & Biersdorf, PA, representing Unicorn Riot and one of its member journalists at the Minnesota Supreme Court, argued on their behalf that the MFFIA’s limited exemptions do not apply in this case. Instead, the law “is to promote newsgathering and publication, and that purpose would be severely undermined if the statutory shield were to evaporate whenever, in the course of newsgathering, a reporter allegedly trespasses, speeds, jaywalks, or double-parks.” The legal team presented oral argument to the Minnesota Supreme Court in December 2024.
“For a decade we have been working to cover social struggles like the Indigenous-led movement against the Dakota Access Pipeline. The Minnesota Supreme Court reaffirmed this news gathering work is protected by the Minnesota Free Flow of Information Act. We will keep asserting the freedom of the press to cover these crucial events and political movements,” said Dan Feidt, Unicorn Riot reporter and co-founder.
Unicorn Riot journalists reported on the ground from the Dakota Access Pipeline protests, gathering and publishing first-hand accounts. In 2019, pipeline operator Energy Transfer brought a lawsuit in North Dakota against Greenpeace and other entities that were allegedly involved with the protests, eventually issuing subpoenas to Unicorn Riot seeking vast disclosures of unpublished materials. Unicorn Riot refused to surrender its material, and Energy Transfer moved to compel disclosure in Minnesota. In its motion papers, Energy Transfer alleged that Unicorn Riot had trespassed on its property while covering the protests. A lower court ruled that state law prohibits the compelled disclosure of newsgathering materials, and Energy Transfer sought review at the Minnesota Supreme Court. Earlier this year, Energy Transfer’s North Dakota lawsuit went to trial, and a against Greenpeace. Greenpeace has filed post-trial motions, which are currently pending, and has signaled its intent to appeal the verdict.
“The Court's decision is a welcome reminder that we value independent journalism in Minnesota,” said Teresa Nelson, legal director of the ACLU-MN. “This win is particularly important as large corporations increasingly attempt to intimidate reporters through litigation and in the face of unprecedented attacks on the freedom of the press by the Trump administration and other government officials.”
The court ruled today that the law does not contain an exception for journalists who are alleged to have engaged in illegal activity, but it did not categorically bar trial courts from ordering journalists to produce privilege logs in response to document requests – with notable caveats.
The opinion is here: /cases/energy-transfer-lp-v-greenpeace-international-unicorn-riot?document=Minnesota-Supreme-Court-Opinion
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Energy Transfer LP v. Greenpeace International, Unicorn Riot
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Energy Transfer LP v. Greenpeace International, Unicorn Riot
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