Hale v. Henkel
Citation and Court
201 U.S. 43 (1906) — Supreme Court of the United States
Facts
Hale was an officer of a tobacco company who was subpoenaed to testify and produce corporate documents before a grand jury in connection with an antitrust investigation. He refused to produce the documents, claiming both Fourth Amendment protection against unreasonable search and seizure and Fifth Amendment protection against self-incrimination on behalf of the corporation.
Issue
May a corporation assert the Fifth Amendment privilege against self-incrimination to refuse to produce corporate documents in response to a grand jury subpoena?
Holding
No; a corporation has no Fifth Amendment privilege against self-incrimination because the privilege is a personal one that belongs only to natural persons.
Rule / Doctrine
The Fifth Amendment privilege against self-incrimination is a purely personal privilege that applies only to natural individuals, not to artificial entities like corporations. Corporate officers may not invoke the corporation’s Fifth Amendment privilege to withhold corporate records, though they may invoke their own personal privilege if producing the records would incriminate them personally.
Significance
Hale v. Henkel is the foundational case establishing that corporations have no Fifth Amendment privilege against self-incrimination. This principle has endured and has major implications for grand jury investigations: corporations must comply with subpoenas for their records even if those records are incriminating to the corporation or its officers.