6th Cir.

E. Webcasting

Overview

6th Cir.

a. Reporter

The First Amendment reporters' privilege has been applied to a nonprofit organization which published a periodic newsletter alleged to libel the plaintiff. Southwell v. Southern Poverty Law Ctr., 949 F.Supp. 1303 (W.D. Mich. 1996). Although the court declined to decide whether the First Amendment actually afforded a reporter's privilege , the court applied "public policy" in deciding that a magazine and freelance author did not have to reveal the identities of confidential sources to a plaintiff suing them for libel. Schultz v. Reader's Digest Ass'n, 468 F.Supp. 551) E.D. Mich.

C. Criminal trials

Overview

6th Cir.

2. Filing an objection or a notice of intent

Where a subpoena commands a person to produce documents for inspection or copying, that person may object to it. The objection must be in writing, and delivered to the person or attorney designated in the subpoena as being responsible for serving it. The objection must be made within 14 days after receiving the subpoena. However, if the subpoena gives fewer than 14 days for compliance, then at any time before the time set by the subpoena for compliance. Fed. R. Civ. P. 45(c)(2)(B).

1. Relevance of material to case at bar

To overcome the First Amendment reporter's privilege, the subpoenaed information must go to "the heart" of the case, in other words, it must be centrally relevant to an important legal and factual issue. Southwell v. Southern Poverty Law Ctr., 949 F.Supp. 1303 (W.D. Mich. 1996); see In re Grand Jury Proceedings, 810 F.2d 580 (6th Cir. 1987).

A. Access to voir dire

Overview

6th Cir.

d. Other elements

There is no statutory or case law addressing this issue.