U.S. Press Freedom Tracker

Financial reporter subpoenaed for documents in California lawsuit

Incident Details

Date of Incident
August 23, 2022

Subpoena/Legal Order

Legal Orders
Legal Order Target
Journalist
Legal Order Venue
Federal
SCREENSHOT

A portion of a subpoena issued to Roddy Boyd, editor and founder of the investigative reporting outlet Foundation for Financial Journalism, on Aug. 23, 2022, for documents related to a wiretap and defamation suit in California.

— SCREENSHOT
August 23, 2022

Roddy Boyd, editor and founder of the investigative reporting outlet Foundation for Financial Journalism, was subpoenaed on Aug. 23, 2022, for documents in connection with a California wiretap and defamation lawsuit, according to court records reviewed by the U.S. Press Freedom Tracker.

The underlying lawsuit was filed by investor Marc Cohodes in January 2022 in the U.S. District Court for the Northern District of California. Cohodes alleged in his complaint that the defendants used a private investigator to befriend him on false pretenses, then illegally record his phone calls and later disclose calls, emails and private conversations to damage his reputation.

Boyd had earlier published an article that detailed the investigator’s recording of Cohodes’ calls. In his story, which is no longer available on the news outlet’s website, Boyd admits agreeing to a request by the investigator, who had falsely represented himself, to introduce him to Cohodes in 2016.

Cohodes’ August 2022 legal order sought all documents, including communications, in Boyd’s possession concerning the private investigator, the other defendants and Cohodes.

Boyd objected to the subpoena on Aug. 30, 2022, arguing that he is protected by the First Amendment and the reporter’s privilege from turning over the documents. He also objected that the subpoena was overly broad and vague, and sought to obtain materials available elsewhere.

The subpoena was narrowed and reissued on Oct. 11, 2023.

Boyd did not respond to a request for comment.

The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].