A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation.

At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a student’s personal identifying information. While the admission could be detrimental to Dennis’ lawsuit overall, U.S. District Court Senior Judge John L. Kane said the revelation meant DPS could obtain its desired information from a source other than 9News.

“Mr. Dennis is one of two parties in possession of the documents — the other being 9News — and he has produced them,” said Kane after a hearing. “I do not hold that overriding the reporter’s privilege in this case is appropriate.”

Dennis, the former principal of McAuliffe International School, gave an interview with 9News shortly after an East High School student shot two administrators in 2023 who were conducting a routine pat-down search pursuant to a “safety plan.” Dennis, in his interview, disclosed another student with serious criminal allegations was subject to the same protocol at McAuliffe.

“I think it’s important that people know, and I think it’s important that parents know. I think it’s important that school leaders speak out and say, ‘This is not OK and needs to stop,'” Dennis said in the interview, adding that DPS denied his requests to expel or block the student from attending school in person.

DPS fired Dennis, partly citing his revelation of confidential information about the student to the media. Dennis sued, alleging his termination resulted from his First Amendment-protected speech. DPS then attempted to compel 9News to turn over unaired footage and the documents Dennis provided to determine whether he unlawfully disclosed confidential information about the McAuliffe student.

Specifically, DPS noted a redacted “Administrative Transfer Request” form displayed on the 9News broadcast looked different than the version Dennis turned over in the course of the lawsuit. That suggested there were multiple versions, possibly revealing student details.

“The First Amendment protection is serious and we recognize that for reporters. But there’s funny business here,” Jonathan P. Fero, the attorney for DPS, told Kane.

If Dennis shared student information with the media in violation of federal or state law, Fero argued, his speech could be devoid of First Amendment protection. Moreover, this was not a scenario in which 9News was protecting a confidential source.

David Lane, an attorney for Dennis, disclosed to Kane that after DPS filed its motion seeking documents from 9News, he discovered a digital drop box that contained multiple versions of the Administrative Transfer Request — including one with the student’s name visible.

“We have no choice but to stipulate that Mr. Dennis inadvertently gave sloppily redacted and unredacted information to (reporter) Chris Vanderveen at 9News showing the name of the student, which is as good as it’s going to get for the defendants here,” said Lane.

Finally, Steven D. Zansberg, who represents media organizations in Colorado, argued there is no longer a need for 9News to turn over documents in light of the plaintiff’s discovery.

“The student’s identity was divulged by Mr. Dennis to 9News. That is an undisputed fact. And in light of that undisputed fact, there is no way DPS can meet its burden to overcome 9News’ constitutional privilege,” he said.

Kane, who took a 30-minute recess to consider the new information before ruling, ultimately sided with 9News.

“Under federal common law, journalists possess a qualified privilege not to disclose information prepared or obtained in connection with a news story,” he said, including where the source has been publicly identified as Dennis was.

Consequently, DPS had to demonstrate that it was unsuccessful in obtaining the information elsewhere and the information went to “the heart of the matter.”

Unaired footage did not go to the heart of the matter, said Kane, and DPS already had the documents from Dennis himself.

“DPS’s reasoning for needing these documents from 9News suggests the subpoena is one of a fishing expedition,” said Kane.

The case is Dennis v. School District No. 1 et al.