Branzburg v. Hayes case brief

Branzburg v. Hayes case brief summary
408 U.S. 665 (1972)

CASE SYNOPSIS

Petitioner is a newspaper reporter.
The reporter sought a writ of certiorari to review two judgments of the Court of Appeals of Kentucky.
The court rejected the petitioner's argument: that the Kentucky reporters' privilege statute authorized petitioner's refusal to answer questions of a grand jury.

ISSUE

Did the newspaper reporter have to appear before a grand jury or did the reporter's privilege statute apply to him?

HOLDING

• The Court affirmed the decision of the lower court.
• The court held that a newspaper staff reporter had to appear before a grand jury to answer questions put to him.

DISCUSSION

• The court stated that the Constitution of the United States did not exempt the reporter from performing the normal citizen's duty of appearing and furnishing information relevant to the grand jury's task. 
• Petitioner, who was subpoenaed by the grand jury, argued that the Kentucky reporters' privilege statute authorized his refusal to answer. 
• The Court said that there was no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings was insufficient to override the consequential, but uncertain, burden on news gathering that petitioner argued would result from insisting that he answer to the grand jury. 
• The evidence failed to demonstrate that there would be a significant constriction of the flow of news to the public if the Court reaffirmed the prior common law and constitutional rule regarding testimonial obligations of newspaper reporters.

CONCLUSION
The court affirms the lower court's decision.
The court holds that the reporter had to appear before the grand jury to answer questions.
There was no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings was insufficient to override the consequential, but uncertain, burden on news gathering.


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