6th Cir.

A. In general

Overview

6th Cir.

A. In general

Overview

6th Cir.

B. Elements

At least where the subpoena occurs in a civil setting, the subpoenaing party would have to establish all of the following: (1) that the requested information is centrally relevant to an important legal issue in the underlying litigation, and (2) that the subpoenaing party has exhausted all other means of obtaining the information. Also, the court must consider the potential harm that may be caused to a source or to the First Amendment interest in news gathering generally if the court requires compliance with the subpoena. Southwell v. Southern Poverty Law Ctr, 949 F. Supp. 1303 (W.D.

b. Disclosure of non-confidential source's name

There is no statutory or case law addressing this issue.

1. Interlocutory appeals

Fed. R. Civ. P. 74(a) provides that, within a certain time frame, a party may file an appeal of the magistrate judge's decision. 12 Charles Alan Wright & Arthur R. Miller, Federal Practice And Procedure § 3074, 426 (2d ed. 1997). Generally, the reporter should file a notice of a appeal within 30 days of judgment from a magistrate judge's decision. Id. If, however, the United States or an officer or agency of the United States is a party, the notice of appeal may be filed within 60 days of the magistrate judge's entry of judgment.

II. Authority for and source of the right

Courts recognizing the privilege derive it from the First Amendment. However, the most recent Court of Appeals case discussed the privilege in terms of the commercial speech doctrine, rather than the traditional First Amendment analysis based on the U.S. Supreme Court case, Branzburg v. Hayes. See NLRB v. Midland Daily News, 151 F.3d 472 (6th Cir. 1998). The 6th Circuit Court of Appeals has rejected the theory that a privilege exists under the First Amendment for criminal cases, but this language has been dismissed as dictum in later district court cases.