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Zurcher v. Stanford Daily (Doc. #:76-1484) (1978)  [Findlaw]

Secondary Link Zurcher v. Stanford Daily  [Legal Information Institute]
Argument Date 01/17/1978
Decided 05/31/1978
Supreme Court Vote 5-3
Supreme Court Ruling First Amendment claim denied
 
IssueWhether a police search of a student newspaper, conducted pursuant to a warrant, violated the First Amendment when the information sought pertained to criminal investigations.
 
Case Summary & Additional Resources
Majority Opinion White, J. (Brennan, J., did not participate)
Concurring Opinion Powell, J.
Dissenting Opinion Stewart, J. (joined by Marshall, J.) & Stevens, J.
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments oral arguments (audio)  [Oyez]
Lawyers
For Petitioner
Robert K. Booth, Jr., argued the cause for Petitioners in No. 76-1484

W. Eric Collins, Deputy Attorney General of California, argued the cause for petitioners in No. 76-1600.

For Respondent
Jerome B. Falk, Jr., argued the cause for respondents in both cases

Briefs
For Petitioner
Frank Carrington, Wayne W. Schmidt, Glen R. Murphy, James P. Costello, Robert Smith & Richard F. Mayer for Americans for Effective Law Enforcement, Inc., et al.

For United States
Solicitor General McCree, Assistant Attorney General Civiletti, Deputy Solicitor General Frey, Harriet S. Shapiro & Elliot Schulder for the United States

For Amicus
Alabama, California, Georgia , Idaho, Illinois , Indiana , Maryland , Massachusetts , Mississippi, Nebraska , New Hampshire , New Mexico, Oregon , Pennsylvania , Utah, Virginia supporting Petitioner

Dominic P. Gentile, John E. Ackerman & Joseph Beeler for the National Association of Criminal Defense Lawyers, Inc.

Edwin L. Miller, Jr., Richard D. Huffman & Peter C. Lehman for the National District Attorneys Assn. et al.

Lloyd N. Cutler, Dennis M. Flannery, William T. Lake, A. Stephen Hut, Jr., Arthur B. Hanson, James R. Cregan, Erwin G. Krasnow, Richard M. Schmidt, Jr., et al. for the Reporters Committee for Freedom of the Press et al.

Opinion - Lower Court
Stanford Daily v. Zurcher, 550 F.2d 464 (9th Cir., 1977) (per curiam)
News
"Bill to Limit Searches Of Newspaper Offices; Civiletti Urges Restrictions," New York Times, June 3, 1978, p. 20
"Excerpts From Court Opinions on Newsroom Search; Majority Opinion Balance in the Amendment Preconditions for a Warrant Justice Stewart's Dissent," New York Times, June 1, 1978, sect. B, p. 6
Johnson, Haynes, "The High Court and the Right of Police to Rifle Private Files," Washington Post, June 4, 1978, sect. A, p. 3
Mintz, Morton, "Court Backs Eased Rule On Searches; Raid on News Office At Stanford Upheld By 5-to-3 Decision Rule on Searches Backed by Court," Washington Post, June 1, 1979, sect. A, p. 1
Mintz, Morton, "Surprise Search of Newsroom Challenged Before High Court," Washington Post, January 18, 1978, sect. A, p. 2
Weaver, Warren, "High Court Bars Newspaper Plea Against Search; 5-3 Ruling Says Notice Is Not Required Lower Courts," New York Times, June 1, 1978, sect. A, p. 1
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2002), pp. 1129-1130
Hutchinson, Dennis, THE MAN WHO WAS ONCE WHIZZER WHITE: A PORTRAIT OF BYRON R. WHITE (1998), pp. 382-383, 441, 450
Note, "Zurcher v. Stanford Daily: The Legislative Debate," 17 Harvard Journal of Legislation 152 (1980)
Smolla, Rodney, FREE SPEECH IN AN OPEN SOCIETY (1992), pp. 272-279
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 13.04
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), p. 362
Zuckman, Harvey, Corn-Revere, Robert et al, MODERN COMMUNICATIONS LAW (1999), sect. 7.12
Commentary
Carmody, Deirdre, "Searches and Newspapers; Supreme Court Ruling Is Viewed by the Press As Major Setback on First Amendment Rights Analysis Editors' Spokesman Fearful Material Not Sought," New York Times, June 2, 1978, sect. B, p. 16
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