Are there any real parties entitled to invoke the Fifth Amendment privilege with respect to the publications requested in the subpoena?

California, United States of America


The following excerpt is from People ex rel. Clancy v. Superior Court (Book Store), 161 Cal.App.3d 894, 207 Cal.Rptr. 897 (Cal. App. 1984):

Applying the foregoing legal principles and decisions to the facts of the case before us compels the conclusion that real parties are not entitled to invoke the Fifth Amendment privilege with respect to the publications requested in the subpoena. The affidavits and declarations filed in support of the subpoena amply demonstrate that the "existence, possession and authenticity" of the magazines are indeed a "foregone conclusion." (Fisher v. United States, supra, 425 U.S. at 411, 96 S.Ct. at 1581.) Moreover, real parties themselves need not testify in order to authenticate or identify the books in question, nor obviously could they be forced to do so under the Fifth Amendment.

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