Branzburg v. Hayes
408 U.S. 665 · Decided June 29, 1972 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Branzburg v. Hayes was decided on June 29, 1972 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Byron R. White wrote the opinion of the Court. SCDB classifies its main issue as “First Amendment, miscellaneous” in the First Amendment area.
Read the opinion
Case details
- Citations
- 408 U.S. 665 · 92 S. Ct. 2646 · 33 L. Ed. 2d 626 · 1972 U.S. LEXIS 132
- Docket number
- 70-85
- Decided
- June 29, 1972
- Argued
- February 23, 1972
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- Byron R. White
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- First Amendment, miscellaneous
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | Wrote an opinion |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Concurrence | Wrote an opinion |
| Justice William H. Rehnquist | Majority |
Full case caption
Branzburg v. Hayes et Al., Judges
SCDB identifiers: case 1971-176, docket 1971-176-01.
Related decisions
Other cases on “First Amendment, miscellaneous”
- Gravel v. United States
- Laird v. Tatum
- Healy v. James
- Lloyd Corp., Ltd. v. Tanner
- Flower v. United States
- Papish v. Board of Curators of the University of Missouri
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Kois v. Wisconsin
- Colten v. Kentucky
- Cole v. Richardson
- Gooding v. WilsonLaw held unconstitutional
- California v. Larue
- Miller v. CaliforniaAltered precedent
Same Term, same area (First Amendment)
- Parisi v. Davidson
- Rabe v. Washington
- Cruz v. Beto
- Fein v. Selective Service System Local Board No. 7 of Yonkers
- Gooding v. WilsonLaw held unconstitutional
- Cole v. Richardson
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error