# Branzburg v. Hayes

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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 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.

## Concurring Opinion

    Powell

## Dissenting Opinions

    Douglas
    Stewart
Supreme Court of the United States
408 U.S. 665
Branzburg v. Hayes et al., Judges
Certiorari to the Supreme Court of Kentucky
No. 70-85. Argued: February 23, 1972 --- Decided: June 29, 1972
The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation, and therefore the Amendment does not afford him a constitutional testimonial privilege for an agreement he makes to conceal facts relevant to a grand jury's investigation of a crime or to conceal the criminal conduct of his source or evidence thereof. Pp. 679-709.
No. 70-85, S.W. 2d 345, and Kentucky Court of Appeals judgment in unreported case of Branzburg v. Meigs; and No. 70-94, 358 Mass. 604, 266 N.E. 2d 297, affirmed;
No. 70-57, 434 F. 2d 1081, reversed.
WHITE, J., wrote the opinion of the Court, in which BURGER, C.J., and BLACKMUN, POWELL, and REHNQUIST, JJ., joined. POWELL, J., filed a concurring opinion, post, p. 709. DOUGLAS, J., filed a dissenting opinion, post, p. 711. STEWART, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined, post, p. 725.
Edgar A. Zingman argued the cause for petitioner in No. 70-85. With him on the briefs was Robert C. Ewald. E. Barrett Prettyman, Jr., argued the cause for petitioner in No. 70-94. With him on the briefs was William H. Carey. Solicitor General Griswold argued the cause for the United States in No. 70-57. With him on the briefs were Assistant Attorney General Wilson, Assistant Attorney General Petersen, William Bradford Reynolds, Beatrice Rosenberg, and Sidney M. Glazer.
Edwin A. Schroering, Jr., argued the cause for respondents in No. 70-85. With him on the brief was W.C. Fisher, Jr. Joseph J. Hurley, First Assistant Attorney General, argued the cause for respondent, Commonwealth of Massachusetts, in No. 70-94. With him on the brief were Robert H. Quinn, Attorney General,Walter H. Mayo III, Assistant Attorney General, and Lawrence T. Bench, Deputy Assistant Attorney General. Anthony G. Amsterdam argued the cause for respondent in No. 70-57. With him on the brief were Jack Greenberg, James M. Nabrit III, Charles Stephen Ralston, and William Bennett Turner.
William Bradford Reynolds argued the cause for the United States as amicus curiae urging affirmance in Nos. 70-85 and 70-94. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, and Beatrice Rosenberg.
Briefs of amici curiae urging affirmance in No. 70-57 and reversal in Nos. 70-85 and 70-94 were filed by Alexander M. Bickel, Lawrence J. McKay, Floyd Abrams, Daniel Sheehan, Corydon B. Dunham, Clarence J. Fried, Alan J. Hruska, Robert S. Rifkind, Anthony A. Dean, and Edward C. Wallace for New York Times Co., Inc., et al.; by Don H. Reuben, Lawrence Gunnels, Steven L. Bashwiner, and Thomas F. Ging for Chicago Tribune Co.; by Arthur B. Hanson for the American Newspaper Publishers Association; and by Irving Leuchter for the American Newspaper Guild, AFL-CIO, CLC.
John T. Corrigan filed a brief for the National District Attorneys Association urging reversal in No. 70-57 and affirmance in No. 70-94.
Briefs of amici curiae urging affirmance in No. 70-57 were filed by Irwin Karp for the Authors League of America, Inc.; by W. Theodore Pierson and J. Laurent Scharff for the Radio Television News Directors Association; and by Earle K. Moore and Samuel Rabinove for the Office of Communication of the United Church of Christ et al.
Briefs of amici curiae in No. 70-57 were filed by Leo P. Larkin, Jr., Stanley Godofsky, and John J. Sheehy for Washington Post Co. et al.; by Richard M. Schmidt, Jr., for the American Society of Newspaper Editors et al.; by Roger A. Clark for the National Press Photographers Association, Inc.; and by Melvin L. Wulf, Paul N. Halvonik, A.L. Wirin, Fred Okrand, and Lawrence R. Sperber for the American Civil Liberties Union et al.

## Notes

* ↑ Together with No. 70-94, In re Pappas, on certiorari to the Supreme Judicial Court of Massachusetts, also argued February 23, 1972, and No. 70-57, United States v. Caldwell, on certiorari to the United States Court of Appeals for the Ninth Circuit, argued February 22, 1972.