State Department of Transportation v. Saemann

LEWIS KAPNER, Circuit Judge.

This matter is presented upon a motion to quash a trial subpoena issued to John Barry, a reporter for the Boca Raton News. Plaintiff, who caused the subpoena to be issued, apparently intends to question the witness, for possible impeachment purposes, regarding published facts contained in an article the witness wrote. Although the witness concedes that under some circumstances, even in a civil case, he may be required to testify in court, he contends that the issuance of a subpoena necessarily inhibits his First Amendment rights.

The motion to quash is denied,…