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Because this Court holds that the U.S. Supreme Court unequivocally rejected any reporter’s privilege rooted in the First Amendment or common law in the context of a grand jury acting in good faith, this Court denies the motions to quash. Civil cases, as opposed to criminal cases, have been held not to come under the Branzburg test. [7]
The privilege was invoked in Thomas Burnett vs. Al Barka Investment & Development Corporation (Civil No. 04ms203) a motion to quash a subpoena for the testimony of Sibel Edmonds. The government's motion to quash based on state secrets privilege was granted in part.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
A unanimous panel of Florida's 1st District Court of Appeal Wednesday declined to offer an opinion on Gov. Ron DeSantis' argument that he has "executive privilege" to conceal records.
United States v. R. Enterprises, Inc., 498 U.S. 292 (1991), was a United States Supreme Court case in which the court held that the three prong test for the issuance of a subpoena in United States v. Nixon does not apply to subpoenas issued by a grand jury. The Court concluded by stating that when a grand jury subpoena is challenged on ...
A Georgia judge is holding a hearing on Brian Kemp's effort to quash a subpoena seeking his testimony for a probe into attempts to influence the 2020 election.
Reporters’ privilege involves the right of media to refuse to testify as to the information and/or sources of information obtained during the news gathering and dissemination process. Currently, the United States federal government has not enacted any national reporters' privilege shield laws, but most of the 50 states do have shield laws or ...
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