Legal Opinion

In Re Grand Jury Proceedings. James Richard Scarce, Witness-Appellant v. United States

Court of Appeals for the Ninth Circuit

Decided September 17, 1993No. 93-35333PublishedCited by 37 opinions

1Opinion of the Court

HUG, Circuit Judge:

James Richard Scarce, a Ph.D. student at the Washington State University, refused to answer certain questions propounded to him by a federal grand jury on the ground that he was entitled to a “scholar’s privilege” under the First Amendment and the common law, akin to that of a reporter. On April 6, 1993, the district court rejected this claim and held Scarce in civil contempt pursuant to 28 U.S.C. § 1826 (Supp.1984). We affirmed the district court’s ruling on May 6,1993, and now write to explain our decision.

I

BACKGROUND

In the late evening of August 12, 1991 or before dawn…

2Cases cited16 opinions

  1. Branzburg v. HayesSupreme Court of the United States · 1972
  2. Charles Baker v. F & F InvestmentCourt of Appeals for the Second Circuit · 1972
  3. United States v. James Burke, Anthony Perla, Rocco Perla, and Richard KuhnCourt of Appeals for the Second Circuit · 1983
  4. United States v. Cuthbertson, Gerald M. Appeal of Cbs Inc., Third Party WitnessCourt of Appeals for the Third Circuit · 1980
  5. Zerilli v. SmithCourt of Appeals for the D.C. Circuit · 1981

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3Cited by37 opinions

  1. Star Editorial, Inc. v. United States District Court for the Central District of California, Rodney Dangerfield, Real Party-In-InterestCourt of Appeals for the Ninth Circuit · 1993
  2. United States v. SmithCourt of Appeals for the Fifth Circuit · 1998
  3. The New York Times Company v. Alberto Gonzales, in His Official Capacity as Attorney General of the United States, and the United States of AmericaCourt of Appeals for the Second Circuit · 2006
  4. Michael McKevitt v. Abdon PallaschCourt of Appeals for the Seventh Circuit · 2003
  5. In Re Special ProceedingsCourt of Appeals for the First Circuit · 2004

32 more not listed; retrieve them via the Exa API.

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