16 T. M. Cooley L. Rev. 511 (1999)
Michigan's Shield Laws - A Free or Fettered Press

handle is hein.journals/tmclr16 and id is 545 raw text is: MICHIGAN'S SHIELD LAWS-A FREE OR
FETTERED PRESS?
A free press stands as one of the great interpreters between the
government and the people. To allow it to be fettered is to fetter
ourselves.'
On March 27, 1999, an estimated 10,000 people rioted in East
Lansing, Michigan, after Michigan State University lost to Duke
University in the NCAA Final Four.2 Rioters cost the city an estimated
$238,000 in damages, in police wages, and in other costs-including
hundreds of canisters of tear gas.3 On April 5, 1999, East Lansing
District Court Judge David Jordon held that the Lansing State Journal
must comply with general and investigative subpoenas issued by
Ingham County Prosecutors, who asked for all unpublished photographs
taken of the riot.4 The State Journal appealed.5 Four days later, eleven
other news organizations received subpoenas from Ingham County
prosecutors; ten joined the State Journal's case.6 On April 13, 1999,
Judge Jordon held that the news organizations must turn over all
unpublished photos and videotapes of the riot.' On April 22, 1999, the
news organizations appealed to the Ingham County Circuit Court where
Judge Lawrence Glazer held that all eleven news organizations were
required to turn over their unpublished materials under the general
subpoenas that were issued.8 However, Judge Glazer also held that state
law prevented prosecutors from using investigative subpoenas against
the news organizations.' On April 26, 1999, the media appealed to the
Michigan Court of Appeals.° The court refused to grant the appeal,
holding that the statutory media/reporter's privilege did not protect
unpublished materials and that prosecutors demonstrated a compelling
need for the materials. The news organizations filed an emergency
1. See Grosjean v. American Press Co., 297 U.S. 233, 250 (1936).
2. See MSU Riot Media Glance, Associated Press Newswires, June 23, 1999, available
in WESTLAW, 6/23/99 APWIRES 17:53:00.
3. See id.
4. See id.
5. See id.
6. Id.
7. See People v. Pastor, No. 99-0873-FY (54-B Dist. Ct. Apr. 13, 1999) (order denying
motion to quash).
8. See People v. Pastor (1999) (Ingham County Cir. Ct. Apr. 22, 1999) (order affirming
denial of motion to quash).
9. See id.
10. See MSU Riot Media Glance, supra note 2.
11. See id; In re Subpoenas to News Media Pet'r, No. 219040 (Mich. Ct. App. Apr. 26,

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