Is it evidence?
No materiality.
Now the shield is moot.
8/9/95
Ito ruled that TV and Penthouse reports about DNA test results on Simpson’s socks were not relevant to the trial, so the reporters’ shield law was irrelevant in this case.
Still, Joe Bosco did look oh so Mark Twain-esque in his white three-piece suit on the witness stand claiming he was protected from testifying about the source of information he included in his Penthouse story.
Anatomy of a Trial blog 