BRANZBURG v. HAYES et al., JUDGES
Supreme Court Cases
408 U.S. 665 (1972)
Case Overview
Legal Principle at Issue
Whether reporters can refuse to disclose sources to state grand juries.
Action
The Supreme Court held that the reporter could be required to testify, affirming the Court of Appeals of Kentucky.
Facts/Syllabus
A reporter interviewed a number of individuals who produced and used drugs. The reporter refused to disclose the sources to a state grand jury that was investigating drug crimes.
Importance of Case
The First Amendment does not protect reporters from divulging their sources when called to testify before a grand jury. The Supreme Court held that the state鈥檚 interest in requiring individuals to answer the questions of a grand jury was a 鈥減aramount鈥 interest that overcame judicial scrutiny. The Court stated, 鈥淭hus, we cannot seriously entertain the notion that the First Amendment protects a newsman鈥檚 agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about crime than to do something about it.鈥
Advocated for Respondent
- Edwin A. Schroering Jr. View all cases
Advocated for Petitioner
- Edgar A. Zingman View all cases