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Posted Thursday, December 17, 1998
WE REPRODUCE with acknowledgements these articles from
San Francisco Chronicle etc

November 17, 1998

BAY AREA DATELINES

Suit against ADL may move forward

San Francisco -- Pro-Palestinian and anti-apartheid activists are entitled to learn whether a Jewish civil rights organization illegally disclosed confidential information about them, a state appeals court ruled.

Monday's ruling by the 1st District Court of Appeal should enable the activists to go to trial in their long-stalled suit against the Anti-Defamation League of B'nai B'rith, said the activists' lawyer, Pete McCloskey.

However, ADL regional Director Barbara Bergen said the ruling "reaffirms our status as a journalistic organization, with the right to protect our files." She said the terms of the court's order do not entitle the activists to any new information because there have been no illegal disclosures.

Some of the information sought by the activists is contained in more than 17,000 ADL files seized by San Francisco police in 1992.

The activists were notified by police that their names were in the files. They contend the ADL illegally obtained confidential records, such as driver's licenses and Social Security numbers, from the state and used them to get people blacklisted among the organization's supporters.

The ADL denies having a blacklist and says it was merely keeping tabs on hate groups and terrorists.

©1998 San Francisco Examiner


Ruling Allows Activists To Sue Over Disclosure

Bay Area political activists who have sued a Jewish civil rights organization are entitled to learn whether the group illegally disclosed confidential information about them, a state appeals court ruled yesterday.

The ruling by the Court of Appeals should enable the activists to go to trial in their long-stalled suit against the Anti-Defamation League of B'nai B'rith.

The activists' suit, which asks for class-action status for as many as 1,000 people, relies on a state law banning disclosure of confidential government information, with damages of $2,500 for each disclosure. Filed in 1993, the suit has been delayed by a dispute over the confidentiality of ADL files.

ADL regional director Barbara Bergen said that although the decision ``leaves open the possibility of limited future discovery from the League,'' ADL officials predicted it would lead to a legal victory for the group in future litigation.

The organization, which publishes newsletters about hate groups, has the legal status of a journalist, and it says it is therefore entitled to keep its files and sources confidential.

The appeals court, however, ruled 3 to 0 that the ADL could not keep its files secret if they were used for nonjournalistic activity.

©1998 San Francisco Chronicle
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