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VI. Substantive law on contesting subpoenas

VI. Substantive law on contesting subpoenas

Mississippi courts have held that journalists enjoy a "qualified privilege." The criteria necessary to overcome such a qualified privilege, and the burden of proof one must meet, is to show (1) that the testimony of the reporter is highly relevant to the seeking parties case; (2) there is a compelling need for the testimony sufficient to override the reporter's First Amendment privilege; and (3) the seeking party has unsuccessfully attempted to obtain the information possessed by the reporter from other sources. See Charles R. Pope v.