Branzburg v. Hayes

Branzburg v. Hayes
Supreme Court of the United States
Argued February 23, 1972
Decided June 29, 1972
Full case nameBranzburg v. John P. Hayes, Judge, etc., et al.;
In the Matter of Paul Pappas;
United States v. Earl Caldwell
Citations408 U.S. 665 (more)
92 S. Ct. 2646; 33 L. Ed. 2d 626; 1972 U.S. LEXIS 132; 24 Rad. Reg. 2d (P & F) 2125; 1 Media L. Rep. 2617
Case history
Prior
Holding
The First Amendment's protection of press freedom does not give the reporter's privilege in court.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityWhite, joined by Burger, Blackmun, Powell, Rehnquist
ConcurrencePowell
DissentDouglas
DissentStewart, joined by Brennan, Marshall
Laws applied
U.S. Const. amend. I; Ky. Rev. Stat. 421.100 (1962)

Branzburg v. Hayes, 408 U.S. 665 (1972), was a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972, and decided June 29 of the same year.[1] The reporters lost their case by a vote of 5–4. This case is cited for the rule that in federal courts, a reporter may not generally avoid testifying in a criminal grand jury, and is one of a limited number of cases[2][3] in which the U.S. Supreme Court has considered the use of reporters' privilege.

  1. ^ Branzburg v. Hayes, 408 U.S. 665 (1972).
  2. ^ Branzburg v. Hayes. (n.d.). Oyez. Retrieved August 25, 2024, from https://www.oyez.org/cases/1971/70-85
  3. ^ United States v. Caldwell. (n.d.). Oyez. Retrieved August 25, 2024, from https://www.oyez.org/cases/1971/70-57