Today, the Bear Flag League -- a coalition of 80 bloggers who are current and former California residents -- filed a friend of the court brief with the California Sixth District Court of Appeal in O'Grady v. Superior Court. The O'Grady case is an appellate proceeding arising from a lawsuit filed by Apple Computer in Santa Clara County in December 2004. Apple sued unnamed individuals who are accused of leaking information regarding Apple's new products to several news websites. Apple has initiated discovery procedures available under California law to identify the source of the leaked information, including serving a subpoena to the Internet service provider for one of the news websites. Apple hopes that the subpoena will reveal the identity of its employees or other parties involved in the leaks. The publishers of the news websites have asked the Santa Clara County Superior Court to block Apple's discovery in order to protect the publishers' confidential sources. When the Superior Court denied that request, the publishers filed a petition with the Sixth District Court of Appeal. The lawsuit involves the competing interests of the First Amendment guarantees of a free press on the one hand and Apple's rights to protect the unlawful dissemination of its trade secrets on the other.
A copy of the brief can be accessed here. Details here from SoCalLawBlog.