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The United States Department of Justice created self-imposed guidelines intended to protect journalists by regulating the use of subpoenas against the press. These guidelines state that the government "should have made all reasonable attempts to obtain the information from alternative, non-media sources” before considering issuing a subpoena to a member of the news media. [4]
A "friendly subpoena" is a subpoena that is issued to an individual or entity who might otherwise testify or submit evidence willingly without a subpoena, but is prevented from doing so due to a higher order legal, ethical or regulatory loyalty or fiduciary responsibility, which can only be superseded by a subpoena.
Such sources may require anonymity to protect them from physical, economic or professional reprisals in response to their revelations. There is a strong tradition of legal source protection internationally, in recognition of the function that confidential sources play in facilitating 'watchdog' or 'accountability' journalism. While professional ...
Shield laws in the United States are designed to protect reporters' privilege or to prevent prosecution when states’ laws differ, especially on the issue of abortion. [1] 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 ...
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
The subpoenas order the Harvard officials to produce a series of documents by 5 pm ET on March 4. ... though Swain did say the university’s cooperation would include “protecting the legitimate ...
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The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the ...
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