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Branzburg v. Hayes (doc. #: 70-85) (1972)  [Findlaw]

Secondary Link Branzburg v. Hayes  [Legal Information Institute]
Argument Date 02/23/1972
Decided 6/29/1972
Supreme Court Vote 4-1-4
Note Note that Justice Powell concurred in the judgment though his opinion suggests otherwise.
Supreme Court Ruling First Amendment claim denied.
 
IssueIs the requirement that news reporters appear and testify before state or federal grand juries an abridgement of the freedoms of speech and press as guaranteed by the First Amendment?
 
Case Summary & Additional Resources
Majority Opinion White, J.
Concurring Opinion Powell, J.
Dissenting Opinion Douglas, J. & Stewart, J. (joined by Brennan, J., & Marshall, J.)
Lower Court District Court for the District of Columbia (3-judge court)
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
-- edited transcript in Irons, Peter, editor, MAY IT PLEASE THE COURT: THE FIRST AMENDMENT (1997), pp. 54-61
Lawyers
For Petitioner
Edgar A. Zingman (argued the cause for petitioner in No. 70-85)

For Respondent
Edwin A. Schroering, Jr. (argued the cause for respondents in No. 70-85)

For Amicus
William Bradford Reynolds (argued the cause for the United States as amicus curiae urging affirmance in Nos. 70-85 and 70-94)

News
AP, "New York Times reporter held in contempt in CIA leak probe" (10/08/2004)

Adam Liptak, "A Justice’s Scribbles on Journalists’ Rights," NYT, Oct. 10, 2007

AP, "Bill to create federal shield law introduced in House" (02-02-05)

AP, "D.C. Circuit rules against reporters in CIA leak case" (2-15-05)

AP, "D.C. Circuit rules against reporters in CIA leak case" (2-15-05)

AP, "Journalist shield bill heads for hearings; support grows" (4-29-05)

AP, "Journalist shield bill heads for hearings; support grows" (4-29-2005)

AP, "Lawyer comes forward as convicted reporter's confidential source" (12-02-04)

AP, "Maryland governor's aide questions reporters about online rumors" (2-21-05)

AP, "Media groups troubled by R.I. reporter's conviction" (11/19/04)

AP, "Media groups troubled by R.I. reporter's conviction" (11-19-04)

AP, "Miller ordered to jail, Cooper agrees to testify in Plame case" (7-7-05)

AP, "National shield law needed, press lawyer says" (10-24-04)

AP, "Ohio newspaper holding 2 stories based on leaks" (7-11-05)

AP, "Reporters say there are reasons for shielding sources" (11/20/04)

AP, "Support builds for federal shield law, but vote unlikely this year" (03-15-05)

Other
"Branzburg v. Hayes, Reporters’ Privilege & Circuit Courts" (7-12-05)

Abrams, Floyd, SPEAKING FREELY: TRIALS OF THE FIRST AMENDMENT (2005), pp. 2, 69, 281

Barron, Jerome, "Cohen v. Cowles Media and its Significance for First Amendment Law & Journalism," 3 William & Mary Bill of Rights Journal 419 (1994)
Blasi, Vincent, "The Newsman's Privilege: An Empirical Study," 70 Michigan Law Review 229 (1971)
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (2nd ed., 2002), pp. 1127-1129
Comment, "Are Oliver Stone & Tom Clancy Journalists? Determing who has Standing to Claim the Journalist's Privilege," 69 Washington Law Review 739 (1994)
Comment, "Source Disclosure in Public Figure Defamation Actions," 33 Hastings Law Journal 623 (1982)
Dicke, Michael, "Promises & the Press: First Amendment Limitations on New Source Recovery for Breach of Confidentiality Agreement," 73 Minnesota Law Review 1553 (1989)
Douglas Lee, "Shield Laws Overview"

Exchange: Paul McMasters & Geoffrey Stone, "Do Journalists Need a Better Shield?'"

First Amendment Center Online, "Journalists under siege of subpoenas"

First Amendment Center, "2004 confidential-sources survey"

Goodale, James, "Branzburg v. Hayes and the Developing Qualified Privilege for Newsmen," 26 Hastings Law Journal 709 (1975)
Kase, Kathryn, "When a Promise is Not a Promise: The Legal Consequences for Journalists Who Break Promises of Confidentiality to Sources," 12 Communications/Entertainment Law Journal 565 (1990)
Kenworthy, Bill, "Ongoing confidential-sources cases" (recent cases) (Aug., 2005)

Levin, Daniel & Rubert, Ellen, "Promises of Confidentiality after Cohen v. Cowles Media Company: A Survey of Newspaper Editors," 24 Golden Gate Law Review 423 (1994)
Media Law Resource Center Bulletin, "White Paper on Reporter's Privilege" (2004, pp. 246) (intro. by Sandra S. Baron)
Reporters Committee for Freedom of the Press, "The Reporter's Privilege"

Smith, David J., "News-Source Privilege in Libel Cases," 57 Washington Law Review 349 (1982)
Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 13.03
Zuckman, Harvey, Corn-Revere, Robert, et al, MODERN COMMUNICATIONS LAW (1999), pp. 497-544 (sects. 71.-7.11)
Commentary
Douglas Lee, "Newsgatherers may feel pinch of 7th Circuit's ruling on privilege" (8-28-03)

Editorial, "Loss for the Public," New York Times, July 15, 1972
Mark Thompson, "States' Shield Laws Might Not Cover Online Journalists" (6-16-04)

McMasters, Paul, "Giving up a source or giving up freedom" (7-3-05)

Paul McMasters, "Journalists need a get-out-of-jail-free card" (11-28-04)

Paulson, Ken, "Use Unnamed Sources Rarely, but Protect Them," USA Today, July 7, 2005, sect. A, p. 11
Tofel, Richard, "The Case for a National Reporter's Shield Law," New Jersey Law Journal, March 21, 1991, p. 9
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