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Report No. 93

6.12. Want of materiality (First Amendment) applied.-

In another case,1 decided on First Amendment grounds, subpoenas directed to members of the press, including Washington Post reporter Bob Woodward and Carl Bematein, were quashed. The Court concluded that the plaintiff had not made the requisite "positive showing of the materiality of the documents and other materials sought by the subpoenas". Similarly, in yet another case,2 the court refused to order a medical newsletter to disclose its confidential sources, even though those sources possessed information relevant to the plaintiff's allegations of adverse drug effects. The court reasoned that "the information sought here is relevant, but not essential to the resolution of the judicial controversy."

1. Democratic National Committee v. Mc. Cord, 356, F Supp 1394 (1398) (D.D.C. 1973) cited by Howard Simons and Joseph A. Califani Jr. (Ed.), The Media and the Law, (1976), pp. 15-16.

2. See Howard Simons and Joseph A. Califani Jr. (Ed.), The media and the Law, (1976), pp. 15-16.



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