Convictions overturned over quashed subpoenas

Article Abstract:

Two criminal convictions, in Texas and Florida, were overturned because reporters were not compelled to testify in violation of the defendants' Sixth Amendment rights to a fair trial. The Texas case involved a gang murder and the reporter's testimony was wanted to establish state of mind. The Florida case involved aggravated assault with a motor vehicle and the reporter could have given evidence supporting the defendant's contention that the accident was caused by the alleged victim. Both cases found that the fair trial right exceeded a reporter's privilege.

Florida, Texas, Confidential communications, Journalistic privilege, Right to fair and impartial trial, Fair trial

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Survey indicates negotiation effective in fighting subpoenas

Article Abstract:

The ' Agents of Discovery: A Report on the Incidence of Subpoenas Served on the News Media in 1997' states that the average newspaper responding to a survey, conducted by the Reporters Committee for Freedom of the Press, received 1.91 subpoenas, while the average broadcaster received 10.38 subpoenas. Television stations fully complied with the subpoenas 73 percent of the time, while newspapers complied at a rate of 23 percent. News organizations that challenged subpoenas in court were successful 75 percent of the time.

United States, Surveys, Press, Subpoena

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State high court overturned lawyer's admonishment for speaking to media

Article Abstract:

The North Dakota Supreme Court held that Assistant Attorney General JoAnn Toth did not violate the confidentiality clause of a sexual abuse settlement agreement when she answered questions from the media pertaining to open public records. The man accused of sexual abuse charged that Toth had agreed not to speak to the media but only provide documents requested. The court held that the implicit agreement was too broad to be legal, especially since the information Toth commented on was part of the public record.

Compromise and settlement, Settlements (Law), North Dakota, Sex crimes

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