Home

Search the Reporter's Privilege Compendium

4. Subpoena not overbroad or unduly burdensome

No special procedural rules or defenses apply to the reporter's privilege when determining whether a subpoena is overbroad or unduly burdensome.

Wisconsin
5. Threat to human life

There is no authority in Wisconsin that specifically requires courts to weigh whether the information subpoenaed involves a threat to human life.

Wisconsin
6. Material is not cumulative

The material or testimony subpoenaed must be noncumulative. See Kurzynski, 538 N.W.2d at 560. The court should quash a subpoena when the information sought from a journalist duplicates that which already is available from other sources to the party seeking the information. Id.

Wisconsin
7. Civil/criminal rules of procedure

A court may quash or modify by protective order a frivolous or unduly burdensome subpoena. See Wis. Stat. § 805.07(3).

Wisconsin
8. Other elements

There is no authority in Wisconsin defining other elements that must be met before the privilege can be overcome.

Wisconsin
C. Waiver or limits to testimony
Wisconsin
1. Is the privilege waivable at all?

There is no authority in Wisconsin that addresses how, when, and in what way the reporter's privilege can be waived. Generally, however, the holder of a privilege has the power to waive it by words or by conduct expressing an intention to relinquish the right. See Wis. Stat. § 905.11.

Wisconsin
2. Elements of waiver
Wisconsin
a. Disclosure of confidential source's name

There is no authority in Wisconsin addressing whether the reporter's privilege can be waived by the reporter's disclosure of a confidential source's name.

Wisconsin
b. Disclosure of non-confidential source's name

There is no authority in Wisconsin addressing whether the reporter's privilege can be waived by the reporter's disclosure of a non-confidential source's name.

Wisconsin