FROM THE ARCHIVE
Supreme Court allows media intervention
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MAY 22, 2001

In a 6-3 ruling, the Supreme Court on Monday ruled that journalists are protected by free speech to broadcast materials even if they were illegaly obtained.

The Court said the privacy concerns of two individuals whose cellular phone conversation was obtained through eavesdropping -- a federal crime -- was overweighed by public interest. But the the ruling applies only to matters "of public importance," said the majority.

Liberal Justice John Paul Stevens wrote for the majority. Justice Stephen Breyer wrote a separate concurrence, joined by Justice Sandra Day O'Connor, considered a swing vote.

ConservativeChief Justice William H. Rehnquist dissented, noting that high-tech forms of communication such as email can be even more easily intercepted. He was joined by joined by Justices Clarence Thomas and Antonin Scalia, considered a swing vote

Get the Case Bartnicki v. Vopper:
Syllabus | Opinion | Concurrence | Dissent

Get the Story:
Supreme Court Ruling Supports Media Rights Over Privacy Law (The Washington Post 5/22)

Relevant Links:
The Supreme Court - http://www.supremecourtus.gov