Branzburg V. Hayes - Facts

Facts

Paul Branzburg of The (Louisville) Courier-Journal, in the course of his reporting duties, had witnessed people manufacturing and using hashish. He wrote two articles concerning drug use in Kentucky. The first featured unidentified hands holding hashish, while the second included marijuana users as sources. These sources requested not to be identified. Both of the articles were brought to attention of law-enforcement. Branzburg was subpoenaed before a grand jury for both of the articles. He was ordered to name his sources.

Eric Caldwell, a reporter for The New York Times, had conducted extensive interviews with the leaders of The Black Panthers, and Paul Pappas, a Massachusetts television reporter, who had also reported on The Black Panthers, spending several hours in their headquarters were similarly subpoenaed around the same time as Branzburg.

All three reporters were called to testify before separate grand juries about illegal actions they might have witnessed. They refused, citing privilege under the Press Clause, and were held in contempt.

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