The Reporter's Privilege, Then and Now

Abstract

In this paper, I try to explore how prosecutors and journalists see the issue of press subpoenas. I look first at how the issue has been framed and fought over the years. Next I track the ABC subpoena, the litigation over it, and the subsequent commentary. I conclude with brief observations about, among other things, the intrusiveness of subpoenas, the theoretical and practical obstacles to recognizing a journalist’s privilege, the social costs of what some have called the “ritual jailing” of reporters, and the virtues—for press and government alike—of self-restraint.