Branzburg V. Hayes (TA 38) PDF

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Branzburg V. Hayes (TA 38)
Professor: John Bender ...

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JOMC 486 TA 38 2 December 2016

Branzburg V. Hayes Branzburg, a staff reporter for the Courier-Journal, a daily newspaper published in Louisville, Kentucky. On November 15, 1969, the Courier-Journal carried a story in detail Branzburg’s observations of two young residents of Jefferson County synthesizing hashing. When he was called to testify, Branzburg refused to testify and potentially disclose the identities of his confidential sources. The issue at hand is whether requiring newsmen to appear and testify before state or federal grand juries abridges the freedom of speech and press guaranteed by the First Amendment. The Court found that requiring reporters to disclose confidential information to grand juries did not violate the First Amendment because of it served a "compelling" and "paramount" state interest. As applied to the average citizen, they are often forced to disclose information received in confidence when summoned to testify in court. In regards to the reporters in this case, the fact that reporters receive information from sources in confidence does not privilege them to withhold that information during a government investigation...