MWB-12-CR-4040 United States v Hayes Sentencing Matter 06072013docx - iand uscourts-2025

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In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court ruled that freedom of press did not create a constitutional privilege protecting reporters from having to testify in grand jury proceedings about the identity of news sources or information received in confidence.
The Supreme Court held in its 1972 decision in Branzburg v. Hayes that reporters had no privilege to refuse to appear and testify before state or federal grand juries.
Of greatest significance was a concurring opinion by Justice Lewis Powell, who suggested reporters might still challenge grand jury subpoenas on a case-by-case basis, even if there were no formal reporters privilege.
Hayes, the Fourth Circuit agreed with Hayes argument, and ruled that the domestic relationship must indeed be a specific element of the prior offense in order to trigger the federal gun baneffectively rendering the gun ban moot in the states that do not have misdemeanor laws specific to domestic violence.
In June 1918, Title 1 of the Espionage Act was expanded to limit speech critical of the war with the passage of the Sedition Act of 1918. This new law led to similar convictions that were ultimately upheld by the Supreme Court in Debs v. United States (1919), Frohwerk v. United States (1919), and Abrams v.
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Hayes, 408 U.S. 665 (1972), was a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972, and decided June 29 of the same year. The reporters lost their case by a vote of 54.