Number: RL32184 Title: Supreme Court Recognition of Fifth Amendment Protection for Acts of Production Authors: Charles Doyle, American Law Division Abstract: On several occasions the Supreme Court has addressed the question of when Fifth Amendment privilege against self-incrimination applies to the act of responding to a government subpoena or other command. Beginning with Schmerber and Fisher, through Doe, and finishing with Hubbell, the Court has declared that acts of production may fall within the privilege when they are personal, compelled, incriminating, testimonial communications. Pages: 9 Date: Updated January 2, 2004