Moloney v. Holder

December 19, 2012

Boston College researchers Ed Moloney and Anthony McIntyre are appealing a First Circuit appellate court decision dismissing their challenge of a subpoena seeking confidential interviews the pair conducted with members of the Irish Republican Army and other members of paramilitary and political organizations involved in the "Troubles" in Northern Ireland. The First Circuit concluded that while the scholars had standing to raise a constitutional challenge the subpoenas, they failed to state a First Amendment claim entitling them to relief. We urge the U.S. Supreme Court to accept review of this case in order to clarify for lower courts to what extent parties asserting their First Amendment interests in challenging subpoenas of information held by third parties have a right to appear in court.