New York Post editor Col Allan must disclose cartoon talks with Rupert Murdoch

 

New York

The editor-in-chief of the New York Post, Col Allan, can no longer invoke so-called "editorial privilege" to avoid revealing details of conversations between himself and the newspaper's owner, Rupert Murdoch, after it published a cartoon in early 2009 that appeared to liken President Barack Obama to a chimpanzee, a New York judge has ruled.

Delivered by Judge Ronald Ellis, the ruling threatens potential embarrassment to Mr Murdoch in a long-running employment discrimination and harassment lawsuit filed against the tabloid and Mr Allan by former associate editor, Sandra Guzman, who is black and from Puerto Rico. She sued in late 2009 after being fired.

Ms Guzman, who was originally hired to boost Latino readership, alleges that she was let go because she complained about being harassed at the paper on the basis of race and gender. Her suit also suggests that she was being punished because she also spoke up about the cartoon.

Inspired by an actual incident, the caricature showed two policemen shooting a rabid chimpanzee. It sparked outrage and Mr Murdoch was forced to apologise because of the apparent reference to Mr Obama and his $787bn stimulus package. Holding a smoking gun, one cop said: "They'll have to find someone else to write the next stimulus bill."

Giving a deposition in the case earlier this year, Mr Allan declined to answer questions about the fall-out from the cartoon's publication, saying he was protected by editorial privilege. Rejecting that argument, Judge Ellis ordered Mr Allan to complete the deposition process, answering all the questions before him, including about discussions he had with Mr Murdoch about the cartoon.

Editorial privilege, the judge said, was usually applied to matters of journalistic practice, including the protection of sources. But in the context of alleged employment discrimination, "the plaintiff may explore the motivations of decision-makers, or individuals who influenced the decision-maker or participated in the decision", the judge said.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Media

Ashdown Group: Lead Web Developer (ASP.NET, C#) - City of London

£45000 - £50000 per annum + Excellent benefits: Ashdown Group: Lead Web Develo...

Recruitment Genius: External Relations Executive

£33000 per annum: Recruitment Genius: An External Relations Executive is requi...

Recruitment Genius: Senior Digital Project Manager

Negotiable: Recruitment Genius: This established Digital Agency based in East ...

Guru Careers: Sales Director / Business Development Manager

£35 - 45K + COMMISSION (NEG): Guru Careers: A Sales Director / Business Develo...

Day In a Page

Isis hostage crisis: The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power

Isis hostage crisis

The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power, says Robert Fisk
Missing salvage expert who found $50m of sunken treasure before disappearing, tracked down at last

The runaway buccaneers and the ship full of gold

Salvage expert Tommy Thompson found sunken treasure worth millions. Then he vanished... until now
Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Maverick artist Grayson Perry backs our campaign
Assisted Dying Bill: I want to be able to decide about my own death - I want to have control of my life

Assisted Dying Bill: 'I want control of my life'

This week the Assisted Dying Bill is debated in the Lords. Virginia Ironside, who has already made plans for her own self-deliverance, argues that it's time we allowed people a humane, compassionate death
Move over, kale - cabbage is the new rising star

Cabbage is king again

Sophie Morris banishes thoughts of soggy school dinners and turns over a new leaf
11 best winter skin treats

Give your moisturiser a helping hand: 11 best winter skin treats

Get an extra boost of nourishment from one of these hard-working products
Paul Scholes column: The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him

Paul Scholes column

The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him
Frank Warren column: No cigar, but pots of money: here come the Cubans

Frank Warren's Ringside

No cigar, but pots of money: here come the Cubans
Isis hostage crisis: Militant group stands strong as its numerous enemies fail to find a common plan to defeat it

Isis stands strong as its numerous enemies fail to find a common plan to defeat it

The jihadis are being squeezed militarily and economically, but there is no sign of an implosion, says Patrick Cockburn
Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action

Virtual reality: Seeing is believing

Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action
Homeless Veterans appeal: MP says Coalition ‘not doing enough’

Homeless Veterans appeal

MP says Coalition ‘not doing enough’ to help
Larry David, Steve Coogan and other comedians share stories of depression in new documentary

Comedians share stories of depression

The director of the new documentary, Kevin Pollak, tells Jessica Barrett how he got them to talk
Has The Archers lost the plot with it's spicy storylines?

Has The Archers lost the plot?

A growing number of listeners are voicing their discontent over the rural soap's spicy storylines; so loudly that even the BBC's director-general seems worried, says Simon Kelner
English Heritage adds 14 post-war office buildings to its protected lists

14 office buildings added to protected lists

Christopher Beanland explores the underrated appeal of these palaces of pen-pushing
Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Scientists unearthed the cranial fragments from Manot Cave in West Galilee