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. The Village Apartments, Ltd., and other Unknown Persons, Hinds County Circuit Court No. 92-71-436 CV, January 3, 1995; Mary Doe v. Maurin-Ogden Management Corp., Hinds County Circuit Court No. 90-64-502, February 8, 1991; State of Mississippi v. Ralph Hand III, Circuit Court of Tallahatchie County, No. CR89-49-C (T-2), July 31, 1990; In re Grand Jury Subpoena, Hinds County Circuit Court, No. 38664, October 4, 1989..