DoJ subpoena guidelines for journalists

Declan McCullagh declan at well.com
Fri Mar 9 23:21:33 PST 2001


Again, Jim is habitually confused. The regulations he believes are
unconstitutional are in fact the constitutional ones (they protect
journalists, although they do not go as far in their definition as
some would like). The rules he should be upset about lie elsewhere
int he law.

-Declan


On Fri, Mar 09, 2001 at 05:10:31PM -0600, Jim Choate wrote:
> 
> Why should they? Such regulations are unconstitutional. There is no
> distinction in the 1st about owners and employees of commercial news
> agencies, only presses (ie persons who own mechanisms to distribute
> information to a community at large).
> 
> On Fri, 9 Mar 2001, Declan McCullagh wrote:
> 
> > David's comments in his response are on-target.
> > 
> > In this context, the only definition that seems to matter is what the DOJ
> > believes to be a "member of the news media." In other words, if they say
> > you're not, you likely would shoulder the burden to prove that you are.
> > 
> > Even if they acknowledge you are a journalist, the DOJ clearly does not
> > feel bound to follow its own regulations.
> 
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