Subpoena Matters

Those who gather and disseminate information – from mass-media journalists, to specialized information publishers, to data aggregators – increasingly face subpoenas by government officials and others in connection with investigations, civil disputes, and criminal justice matters. Subpoenas for testimony and documents, such as notes and broadcast outtakes, often undermine important interests, not the least of which is the integrity of an independent press. 

LSKS has been on the forefront of the battle to protect these interests, litigating the reporter’s privilege on behalf of journalists and news organizations who have been subpoenaed. The firm has, among other things:

• Represented numerous journalists and news organizations who have been subpoenaed by prosecutors, criminal defendants, civil litigants, military authorities and administrative agencies to provide documents and testimony about confidential sources and unpublished materials. These engagements have included representation of journalists who were called to testify in connection with the investigation and prosecution of White House aide I. Lewis “Scooter” Libby, defense of reporters who were ordered to reveal their confidential sources in lawsuits brought against the federal government by Wen Ho Lee and Steven Hatfill, and representation of a television network subpoenaed to produce outtakes in court-martial proceedings arising out of the deaths of civilians in Haditha, Iraq.

• Defended reporters and others in contempt proceedings based on their principled refusal to provide confidential information.

• Negotiated agreements to provide information responsive to subpoenas without compromising confidentiality or other interests.

• Authored the leading treatise and numerous scholarly articles on the subject of the “reporter’s privilege” to refuse to testify about confidential sources and newsgathering work product.

• Advocated the passage of “shield law” legislation before state and federal lawmaking bodies.

Click here for a sample of some of the cases LSKS lawyers have handled, organized geographically.