Branzburg v. Hayes (1972)

Requires reporters to testify when subpoenaed by a grand jury. But so split that lower courts have read as establishing a qualified First Amendment privilege.

5-4 decision (4 written opinions)

Majority (4/Justice White):

Concurring (Justice Powell): Agreed with the outcome, but not the reasoning.

Dissent (Justice Stewart, joined by Brennan, Marshall):

Dissent (Justice Douglas):

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