I. Introduction: History & Background

Since the 2003 decision in McKevitt v. Pallasch, 339 F.3d 530 (7th Cir. 2003), the reporter's privilege has been limited to cases involving confidential sources, although some district courts have protected non-confidential material by following a reasonableness test applicable to subpoenas generally. Relying on any case decided before McKevitt is problematic. Exercise caution and ensure the case is still good law. For the most part, federal courts have not adopted any special procedural rules concerning the quashing of a subpoena or the appellate process.