Television stations received an average of 7.7 subpoenas, and newspapers received an average of 0.7. The disproportionate share of subpoenas served on television stations correlates with previous survey results.

Of the 237 newspapers responding 77 (32 percent) received one or more subpoenas during 2001. Of the 82 broadcasters responding, 65 (79 percent) received one or more subpoenas during the year.

Print and broadcast respondents reported similar experiences regarding the type of proceedings involved and the sources of those subpoenas. But subpoenas demanded different types of material from different media, and the outlets responded to subpoenas differently as well.

Newspaper staff were more often asked to testify at trial or at a deposition, receiving 114 subpoenas (61 percent) for testimony. In contrast, 48 (8 percent) of the subpoenas received by broadcasters were for testimony at trial or deposition.

Newspapers also reported more success in negotiating the withdrawal of subpoenas. Newspapers indicated that 85 (46 percent) of the subpoenas issued against them were withdrawn, while television stations negotiated withdrawal on 71 occasions (11 percent). Likewise, print media reported greater success in getting subpoenas quashed. Newspapers quashed 40 subpoenas (22 percent), while broadcasters quashed only 10 (2 percent).

Print and broadcast media differed greatly when it came to complying with subpoenas without opposing them. Television stations reported full compliance in 520 situations (82 percent). Newspapers, on the other hand, fully complied with only 40 (22 percent) of the subpoenas issued against them. Among subpoenas issued against broadcasters, 523 (82 percent) demanded material already aired, and among newspapers, 74 (40 percent) requested published articles.

The two different types of media also found success through different grounds when challenging subpoenas. Newspapers cited state shield laws successfully in 30 instances (57 percent of challenges), but television stations asserted shield protections in six successful challenges (43 percent of challenges). Newspapers relied on constitutional privileges in 11 successful challenges (21 percent of challenges); broadcasters cited a constitutional challenge in one victory (7 percent). Subpoenas issued against newspapers were deemed overbroad by a court in 14 cases (26 percent of challenges); subpoenas to broadcasters were ruled overbroad in eight cases (57 percent of challenges).