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| | | Branzburg v. Hayes (doc. #: 70-85) (1972)
[Findlaw]
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Secondary Link
| Branzburg v. Hayes
[Legal Information Institute]
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Argument Date
| 02/23/1972 |
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Decided
| 6/29/1972 |
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Supreme Court Vote
| 4-1-4 |
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Note
| Note that Justice Powell concurred in the judgment though his opinion suggests otherwise. |
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Supreme Court Ruling
| First Amendment claim denied. |
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| | | Issue | Is 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? | |
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Majority Opinion
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White, J. |
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Concurring Opinion
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Powell, J. |
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Dissenting Opinion
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Douglas, J. & Stewart, J. (joined by Brennan, J., & Marshall, J.) |
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Lower Court
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Pennsylvania Superior Court |
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Lower Court Ruling
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First Amendment claim denied. |
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Oral Arguments
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Oral Arguments
[Oyez]
-- edited transcript in Irons, Peter, editor, MAY IT PLEASE THE COURT: THE FIRST AMENDMENT (1997), pp. 54-61
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| Lawyers |
Edgar A. Zingman (argued the cause for petitioner in No. 70-85)
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Edwin A. Schroering, Jr. (argued the cause for respondents in No. 70-85)
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William Bradford Reynolds (argued the cause for the United States as amicus curiae urging affirmance in Nos. 70-85 and 70-94)
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| News |
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| Other |
Barron, Jerome, "Cohen v. Cowles Media and its Significance for First Amendment Law & Journalism," 3 William & Mary Bill of Rights Journal 419 (1994)
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Blasi, Vincent, "The Newsman's Privilege: An Empirical Study," 70 Michigan Law Review 229 (1971)
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Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (2nd ed., 2002), pp. 1127-1129
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Comment, "Are Oliver Stone & Tom Clancy Journalists? Determing who has Standing to Claim the Journalist's Privilege," 69 Washington Law Review 739 (1994)
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Comment, "Source Disclosure in Public Figure Defamation Actions," 33 Hastings Law Journal 623 (1982)
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Dicke, Michael, "Promises & the Press: First Amendment Limitations on New Source Recovery for Breach of Confidentiality Agreement," 73 Minnesota Law Review 1553 (1989)
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Goodale, James, "Branzburg v. Hayes and the Developing Qualified Privilege for Newsmen," 26 Hastings Law Journal 709 (1975)
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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)
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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)
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Media Law Resource Center Bulletin, "White Paper on Reporter's Privilege" (2004, pp. 246) (intro. by Sandra S. Baron)
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Smith, David J., "News-Source Privilege in Libel Cases," 57 Washington Law Review 349 (1982)
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Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 13.03
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Zuckman, Harvey, Corn-Revere, Robert, et al, MODERN COMMUNICATIONS LAW (1999), pp. 497-544 (sects. 71.-7.11)
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| Commentary |
Editorial, "Loss for the Public," New York Times, July 15, 1972
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Paulson, Ken, "Use Unnamed Sources Rarely, but Protect Them," USA Today, July 7, 2005, sect. A, p. 11
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Tofel, Richard, "The Case for a National Reporter's Shield Law," New Jersey Law Journal, March 21, 1991, p. 9
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