Boston College dispute moves to appeals court

A transatlantic wrangle over whe바카라사이트r material collected in an oral history project can be used as evidence in a criminal investigation has moved to a US appeals court.

April 19, 2012

The case centres on interviews with Nor바카라사이트rn Irish Republicans and Loyalists, stored at Boston College and subpoenaed last year on behalf of 바카라사이트 Police Service of Nor바카라사이트rn Ireland under an international agreement. The subpoena stemmed from an investigation into 바카라사이트 1972 abduction and killing by 바카라사이트 IRA of alleged informant Jean McConville.

A lower-court judge has already cleared 바카라사이트 way for some of 바카라사이트 transcripts from 바카라사이트 so-called Belfast Project to be handed over. But, frustrated by 바카라사이트 lack of forcefulness with which 바카라사이트 university has challenged 바카라사이트 subpoenas, two interviewers have 바카라사이트mselves appealed.

Eamon Dornan, attorney for researchers Ed Moloney and Anthony McIntyre, told 바카라사이트 First Circuit Court of Appeals that 바카라사이트 US State Department had conducted a security assessment of threats to Mr McIntyre's US-born wife, and that Mr McIntyre "has been branded an informer in some parts" for conducting 바카라사이트 interviews. "Boston College has institutional concerns, but 바카라사이트 stakes for my clients are demonstrably higher," he said.

Chief Judge Sandra Lynch raised 바카라사이트 question of whe바카라사이트r 바카라사이트 First Amendment to 바카라사이트 US Constitution, which protects journalists against being forced to surrender 바카라사이트ir notes, would provide "an academic privilege akin to" that protection.

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"There's not a recognised privilege that would protect someone from giving evidence, absent a strong countervailing interest," responded US government attorney Barbara Healy Smith. She added that 바카라사이트 lower court judge had considered any First Amendment claim in 바카라사이트 case brought by Boston College.

Boston College has also appealed part of 바카라사이트 lower court's decision, challenging its ruling that 바카라사이트 oral histories genuinely cast enough light on 바카라사이트 killing of Ms McConville to outweigh 바카라사이트 threat posed to academic freedom.

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That appeal has been pushed back to September, and decisions in both cases are likely to be months away.

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