Legal Intrusion and the Politics of Fieldwork

Abstract

Legal intrusion into the research process is an extreme threat to the viability of field research, but one that research experience shows need not be fatal. We explore the problem by describing and discussing Mario Brajuha's experiences in the legal system and at his research site when both federal and state prosecutors subpoenaed his testimony and field notes. After an account of the research and the long court battle over field note confidentiality that ensued, we discuss the impact of legal intrusion on Mario's fieldworker roles, scholarly identity, and social support network. The many temporary and lasting changes in the research wrought by legal intrusion are recounted, and the implications of the legal case for Mario, field researchers, and social scientists generally are discussed, with attention to issues of research practice, legal constraint, and ethical commitment.