Showdown on Subpoenas

The government's recent penchant for probing into newsmen's confidential information last week produced a court showdown in San Francisco. Reporter Earl Caldwell and his employer, the New York Times, had challenged two subpoenas ordering him to testify before a federal grand jury investigating Black Panthers. The result was a clear victory for Caldwell and other newsmen determined to maintain the trust of their sources.

In a pioneering decision, U.S. District Judge Alfonso J. Zirpoli held that the First Amendment rights of free speech, press and association can supersede the powers of a grand jury to compel testimony. Though Caldwell must appear before the grand jury, ruled Zirpoli, the reporter "need not reveal confidential associations that impinge upon the effective exercise of his First Amendment right to gather news for dissemination to the public." Such disclosures may be required, the judge added, but only if the government first satisfies the court that there is "a compelling and overriding national interest which cannot alternatively be served." Judge Zirpoli acknowledged that the issues before him have not yet been fully explored and decided by the U.S. Supreme Court. But for now, at least, the Caldwell case provides some relief for newsmen served with subpoenas.

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