Energy Transfer LP v. Greenpeace International, Unicorn Riot

This Minnesota Supreme Court case involves the Minnesota Free Flow of Information Act (MFFIA), a shield law protecting newsgatherers from compelled disclosure of unpublished information. The case concerns Unicorn Riot, a media organization, and Energy Transfer, a company involved in the Dakota Access Pipeline project. Energy Transfer issued subpoenas to Unicorn Riot, seeking materials that Unicorn Riot and one of its member journalists gathered while covering protests against the pipeline. The core legal issues are whether the MFFIA's protections apply to newsgatherers even if they are alleged to have engaged in unlawful or tortious conduct, such as trespass, during newsgathering. The national ACLU, the ACLU of Minnesota, and the law firm Biersdorf & Associates represent Unicorn Riot and its member journalist.

Following the 2016 protests of the Dakota Access Pipeline, pipeline owner Energy Transfer sued Greenpeace International in North Dakota for alleged torts. As a part of that lawsuit, Energy Transfer also issued subpoenas to Unicorn Riot and its member journalists for unpublished materials they gathered while covering the protests. Energy Transfer argues that Energy Transfer does not get the benefit of the MFFIA’s protections because, according to Energy Transfer, it engaged in trespass while covering the protests.

A trial court held that the that MFFIA protects Unicorn Riot, but it also ordered Unicorn Riot to create a privilege log. The Court of Appeals agreed with the trial court that the MFFIA protects Unicorn Riot and also held, as a matter of law, that Unicorn Riot cannot be compelled to produce a privilege log because doing so would disclose information protected by the MFFIA.

Energy Transfer appealed to the Minnesota Supreme Court. At that court, on behalf of Unicorn Riot, the ACLU argues that the MFFIA has only two exceptions, and neither applies to a subpoena issuer’s bare allegation that a newsgatherer committed trespass. The ACLU also argues that constitutional reporter’s privileges, under both the U.S. and Minnesota constitutions, also protect Unicorn Riot from having to comply with Energy Transfer’s subpoenas.