Boal v. United States

July 29, 2016

Reporter and filmmaker Mark Boal conducted a series of interviews with Sgt. Bowe Bergdahl that were published on the Serial podcast in 2015. Subsequently, the military prosecutor in the court martial of Sgt. Bergdahl informed Boal that he intended to subpoena Boal to obtain the recordings of the interviews in their entirety. Before the military subpoena was issued, Boal filed a complaint in the Central District of California arguing that the reporter's privilege should protect against the compelled disclosure of the recordings. The Reporters Committee and 36 other media organizations filed an amicus brief in support of Boal. The amicus brief explains the important policy reasons underpinning recognition of the reporter's privilege, argues that the reporter's privilege extends to Boal and asserts that the Court should address Boal's claims now, so that he can avoid unnecessary injury.