Branzburg v. Hayes
Citation
408 U.S. 665 (1972)
Facts
A reporter who had witnessed illegal drug activity refused to testify before a grand jury about his confidential sources, claiming the First Amendment protected him from compelled disclosure that would chill newsgathering.
Issue
Whether the First Amendment grants reporters a privilege to refuse to appear and testify before a grand jury regarding confidential sources and criminal conduct they witnessed.
Holding
The Court held there is no First Amendment privilege allowing reporters to refuse grand jury testimony about confidential sources or observed criminal activity.
Rule
There is no First Amendment reporter’s privilege to refuse to testify before a grand jury about confidential sources; the public interest in effective law enforcement and the fair administration of justice overrides press interests in source confidentiality in this context.