UNITED STATES of America, Plaintiff-Appellant,
v.
Frank SMITH, Taylor Henry; WDSU-Television Inc., Movants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 23, 1998.
February 23, 1998.
Attorney(s) appearing for the Case
Stephen A. Higginson, Assistant U.S. Attorney, New Orleans, LA, Elizabeth D. Collery, U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellant.
Luther T. Munford, Phelps Dunbar, Jackson, MS, Mary Ellen Roy, Tania Christina Tetlow, Phelps Dunbar, New Orleans, LA, Elizabeth D. Collery, U.S. Department of Justice, Criminal Division, Washington, DC, Robert B. Hoemeke, Lewis, Rice & Fingersh, St. Louis, MO, for Movants Appellees.
David A. Woolridge, Jr., Roedel, Parsons, Hill & Koch, Baton Rouge, LA, for American Society of Newspaper Editors, The Louisiana Press Ass'n, The Nat'l Ass'n of Broadcasters, The Radio TV News Directors Ass'n and The Society of Professional Journalists, Amici Curiae.
Kevin M. Goldberg, Richard M. Schmidt, Jr., Cohn & Marks, Washington, DC, for American Society of Newspaper Editors, Amicus Curiae.
Clarence J. DuBos, III, New Orleans, LA, for Gambit Communications, Inc., Amicus Curiae.
Ashton R. Hardy, Michael Lamers, Hardy and Carey, Metairie, LA, for Greater New Orleans Broadcasting Association, Amicus Curiae.
Larry M. Roedel, Roedel, Parsons, Hill & Koch, Baton Rouge, LA, for The Louisiana Press Association, Amicus Curiae.
Bruce W. Sanford, Washington, DC, for The Society of Professional Journalists, Amicus Curiae.
Jane E. Kirtley, Arlington, VA, for The Reporters Committee for Freedom of the Press, Amicus Curiae.
Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
HIGGINBOTHAM, Circuit Judge:
The government appeals from a district court order quashing a subpoena compelling the production at a criminal trial of a videotape recording of an interview of the defendant by a local television station. The district court held that the newsreporters' qualified privilege protected from disclosure to the government of unaired portions of the interview conducted by Taylor Henry on behalf of WDSU-Television, Inc. Finding that there is no...
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