I. Introduction: History & Background

Michigan recognizes a qualified privilege for journalists served with a subpoena against the disclosure of unpublished information. In the one appellate decision, King v Photo Marketing Association International, 120 Mich App 527; 327 NW2d 515, 517-518 (1982) the Court stated that a reporter could not be compelled to relate confidential information without a showing that the information was critical to the subpoenaing party's case and that there were no other sources for the information. In addition, Michigan statutes provide protection to reporters from subpoenas issued in Grand Jury proceedings MCL 767.5a and from subpoenas issued by Prosecutors under MCL § 767A.6 unless they are the object of the investigation. Under the Grand Jury statute the privilege applies except in cases involving life imprisonment in which case the privilege is limited in the same manner as subpoenas issued in civil cases, to wit, the information must be critical to the subpoenaing party's case, the reporter must be the only source of the information and the information must be relevant. The Michigan statute which allows prosecutors to apply for subpoenas from court's to act as a one person grand jury, contains a similar limitation.

One other case on photographs required the newspaper to produce photographs, published and unpublished of a fire scene. However, the holding in the case is limited by the fact that the newspaper had routinely provided photographs for the cost of reproduction until a month before the request for photos. Under the circumstances the newspaper was unable to file an affidavit with regard to the burden of providing photos since it had clearly done so for many years before.

Trial courts, however, have been liberal in their willingness to protect reporters from burdensome requests for information, whether testimony or notes.