Reading Room Document

Subpoena of Press Materials in Grand Jury Investigations

This document is a legal opinion on the possible defenses that publishers or reporters can assert against grand jury subpoenas for unpublished material gathered during the course of ordinary newspaper activities. The conclusions reached in the document are that there are no legal reasons, based on the Constitution, evidentiary privilege, or Federal Rules of Criminal Procedure, that place newsmen in a position of special privilege compared to ordinary individuals when subpoenaed before a grand jury. The questions presented for review include the constitutional right of publishers or reporters to refuse to produce notes of unpublished material, the claim of an informant-reporter privilege, and the possibility of quashing the subpoena under the Federal Rules of Criminal Procedure. The document also discusses the lack of legal protection for newsmen's unpublished material or interviews with informants from disclosure to the grand jury.

February 10, 1970