Agents Of Discovery A Report on the Incidence of Subpoenas Served on the News Media in 2001


Consistency is the best policy

Several survey respondents voiced their view that resisting subpoenas on a consistent basis is the best way to avoid them. These respondents felt that aggressive approaches to subpoenas will result not only in subpoenas being quashed, but also will serve to deter future subpoenas:

"We had none this year, but we've taken a firm stance: If you want it, subpoena ... and we'll fight the subpoena, even for broadcast material. We just say 'no.'"

— Al Aamodt of WDAY-TV in Fargo, N.D.

"Our experience: If you fight subpoenas effectively and intelligently, they arrive far less frequently."

— Thomas Kearney of The Keene Sentinal in Keene, N.H.

"We have consistently responded to subpoenas with a pledge to file a motion to quash. This has ended most problems immediately, or soon after we sent over a copy of what [we] would file. Most attorneys leave us alone these days."

— Charles D. Mitchell of The Vicksburg Post in Vicksburg, Miss.

"Our practice is to provide copies of anything we air — we refuse to provide anything else. Everyone seems to understand this."

— Griff Potter of WQAD-TV in Moline, Ill.

"We have been aggressive in past years in resisting subpoenas, and the local legal community is well aware of that."

— News organization in Illinois


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Agents Of Discovery A Report on the Incidence of Subpoenas Served on the News Media in 2001
Published by The Reporters Committee for Freedom of the Press
© 2003 The Reporters Committee for Freedom of the Press. All rights reserved.
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