News organizations responded to subpoenas with actions that ranged from full compliance to challenges before an appellate court. Survey respondents fully complied with 560 subpoenas (68 percent) without objection. Only four subpoenas (less than 1 percent) were challenged by the news media beyond the trial court level. An editor or attorney persuaded the party issuing a subpoena to withdraw it in 156 instances (19 percent of the time).

News organizations challenged subpoenas by filing motions to quash on 67 occasions (8 percent of the time). Courts quashed 50 (75 percent) of those subpoenas, and courts denied motions to quash in 17 instances (25 percent).

Of the denied motions, four (24 percent) were appealed to higher courts, and all were quashed on appeal.

Comments from respondents reveal that many news organizations, both print and broadcast, achieved success in negotiating the withdrawal or narrowing of subpoena requests simply by contacting the attorneys who had demanded the information. Such negotiations usually consisted of informing those attorneys of the existence of state shield laws that protect journalists' materials from compelled disclosure, making an offer to partially comply by providing previously published materials only, or agreeing to verify that published materials were accurate. Negotiations were conducted either by news editors or producers or by attorneys on their behalf.

"I personally call each attorney who subpoenas material to explain to him or her what we have available and what we will comply with. Occasionally an attorney won't talk to me," said Roger Gadley of KMPH-TV in Fresno, Calif. Another California newspaper said: "Our attorney is very good at persuading subpoenaing attorneys to back off."

At times, news organizations have been successful at resisting subpoenas before they are even served.

"There was one instance in mid-2001 where attorneys threatened to seek a subpoena for one of our reporter's notes in a case that was before a grand jury. Our attorney convinced them to drop the idea before it even entered the legal system," reported Phil Haslanger of The Capital Times in Madison, Wis.

"If we know a subpoena is going to be attempted, we alert the [photographer or] reporter who then refuses to go downstairs to receive it," explained a newspaper editor in North Carolina. "An editor goes instead and states that we refuse the subpoena. If necessary, our attorney makes a phone call to stop the subpoena. I have been here for 13 years and we have never allowed a subpoena to be served."