Branzburg v. Hayes
| Branzburg v. Hayes | |
|---|---|
| Argued February 23, 1972 Decided June 29, 1972 | |
| Full case name | Branzburg v. John P. Hayes, Judge, etc., et al.; In the Matter of Paul Pappas; United States v. Earl Caldwell |
| Citations | 408 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 | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Blackmun, Powell, Rehnquist |
| Concurrence | Powell |
| Dissent | Douglas |
| Dissent | Stewart, 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. 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 in which the U.S. Supreme Court has considered the use of reporters' privilege.