I. Introduction: History & Background

While the 6th Circuit definitely recognizes some sort of privilege for reporters faced with subpoenas from litigants, the scope and contours of that privilege are as yet not entirely defined. For instance, whereas the privilege is relatively strong in the civil context, its application in criminal cases is less certain, due to dictum in a case decided in 1987 stating that no such protection exists, under the First Amendment, for grand jury subpoenas. It is also unclear whether the privilege protects nonconfidential information and/or information beyond the mere identity of confidential sources. The U.S. Court of Appeals for the 6th Circuit has decided only two cases on the topic, and district courts within the circuit have also had relatively few opportunities to develop the privilege.