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

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 on August 13, 1991, a person or persons broke into the animal research facilities at Washington State University (“WSU”) in Pullman, Washington, and stole or set free several animals and spread hydrochloric acid throughout the laboratories, causing approximately $100,000 in damages. On August 13, 1991, the Animal Liberation Front (“ALF”) claimed responsibility for these acts in a press release sent by facsimile to the Spokane, Washington office of the Associated Press. Government investigators believe that Rodney Coronado (“Coronado”), known to be a member of the ALF, transmitted the press release.

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