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VI. Substantive law on contesting subpoenas

VI. Substantive law on contesting subpoenas

Because Idaho does not have a shield law, the substantive law governing efforts to contest a subpoena is drawn entirely from the Idaho decisions discussed earlier in this outline and from those federal cases that discuss the privilege as it may exist based upon the First Amendment. Therefore, the argument of the reporter seeking to invoke the privilege should pay careful heed to the nuances of the Idaho cases and highlight the parallel facts supporting the privilege and the distinguishing facts that make the case inapposite to the Idaho decisions that have held no privilege exists.