The Eastern District of Arkansas in In re Grand Jury Subpoena ABC, Inc., 947 F. Supp. 1314 (1996), held that there is no reporter's privilege in the grand jury context, at least absent bad faith or an abuse of grand jury function. The court found the Supreme Court's decision in Branzburg controlling on the question, interpreting Justice Powell's concurring opinion narrowly.
No Iowa case relates to the reporter's privilege and grand jury subpoenas. Because the Iowa cases so heavily rely on Branzburg, it is likely the privilege would be more easily subordinated in a grand jury context.
There is no authority expressly addressing subpoenas to reporters in grand jury proceedings, but Wisconsin courts likely would consider subpoenas issued by grand juries in the same manner as those in civil and other criminal proceedings. See generally Knops, 183 N.W.2d 93; Kurzynski, 538 N.W.2d 554.
Generally reporters in the Ninth Circuit are not entitled to a First Amendment privilege in refusing to testify before a federal grand jury regarding information received in confidence. See In re Grand Jury Proceedings (Scarce v. United States), 5 F.3d 397, 400 (9th Cir. 1993), cert. denied, 114 S. Ct. 685 (1994) (affirming a district court's judgment holding academic author in civil contempt pursuant to 28 U.S.C.
None of the Idaho decisions has considered the assertion of a reporter's privilege in a grand jury context. However, as noted above, the Wright court specifically stated that the analysis of the privilege should be the same regardless of the case setting.
Although there are no West Virginia cases directly on point addressing a reporter's privilege in the grand jury context, nevertheless, the Hudok court acknowledged that a reporter's privilege "will yield in proceedings before a grand jury where the reporter has personal knowledge or is aware of confidential sources that bear on the criminal investigation[.]" The Hudok court cited with approval the United States Supreme Court's decision in Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct.