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Butterworth v. Smith (docket #: 88-1993) (1990)  [Findlaw]

Argument Date 01/16/1990
Decided 3/21/1990
Supreme Court Vote 8-1-0
Supreme Court Ruling First Amendment claim affirmed
IssueWhether a Florida statute prohibiting grand jury witnesses from disclosing his own testimoy after the grand jury's term has ended violates the First Amendment.
Majority Opinion Rehnquist, C.J.
Concurring Opinion Scalia, J.
Lower Court 11th Circuit
Lower Court Ruling First Amendment claim upheld
Oral Arguments Audio (Oyez)  [Oyez]
For Petitioner
George L. Waas, Assistant Attorney General of Florida

For Respondent
Gregg D. Thomas

For Amicus
Arthur I. Jacobs for the Florida Prosecuting Attorneys Association (for petitioner)

Jane E. Kirtley et al. for the Reporters Committee for Freedom of the Press

M. David Gelfand, Terry E. Allbritton, James K. Green and Steven R. Shapiro for the American Civil Liberties Union et al. (for respondent)

Richard J. Ovelmen, Gregg D. Thomas and Gary B. Pruitt for the Florida Press Association et al. (for respondent)

Robert K. Corbin, Attorney General, Jessica Gifford Funkhouser and Georgia B. Ellexson for the State of Arizona

Ruling - Lower Court
866 F.2d 1318
Greenhouse, Linda, "High Court's Ruling Limits Law on Grand Jury Secrecy," The New York Times, March 22, 1990, Sect. B, p. 13
Marcus, Ruth, "Court Voids Restraint on Testimony Given to Grand Jury," The Washington Post, March 22, 1990, Sect. A, p. 5
Wermiel, Stephen, "High Court Eases Curb on Witnesses of Grand Juries," The Wall Street Journal, March 22, 1990, Sect. B, p. 10
Wermiel, Stephen, "High Court to Rule on State Prohibitions of Disclosre by Grand Jury Witnesses," The Wall Street Journal, Oct. 3, 1989, Sect. B, p. 9
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