The issue here is whether the journalist may skate (and he might, under California law).
I know about that law, since I had been reading about it before -- but I don't think it shields journalists who commit crimes. That's what I see as the issue here.
It's one thing to write "about" a crime and write "about" someone committing a crime and even write "about" what is trade secret of some kind (having been told about it or given photos of it). But, when the journalist actually commits the crime himself -- in addition to writing about the crime he committed -- I don't think that law will protect such a journalist... :-)
All you have to do is think that one through to the logical end, if courts decided to apply such an understanding to all journalists. That would mean that all they had to do, in order to freely and without liability, commit a crime (of basically any kind at all) is to be writing a story about it in some way, fashion or manner, and publish it... LOL ...
That would be a great "great-out-of-jail-free card" for a journalist to be totally and completely above the law on anything they write about... what a deal! I would become a journalist then and write about stealing new cars so to have a new car every year!
I've been thinking of a new Sonata. I think I'll pick it up at the Hyundai lot tonight.
There, I've published it on the net so that means I'm not stealing that Hyundai!./s