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Law School Case Briefs

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BARTNICKI v. VOPPER

Supreme Court of United States (2001) | 532 U.S. 514; 121 S.Ct. 1753; 149 L.Ed.2d 787

3 min read

TL;DR: The First Amendment protects the media from liability for publishing a newsworthy, illegally intercepted conversation, provided the media played no part in the illegal interception. The interest in publishing matters of public concern outweighs the statutory privacy interest in this context.

Legal Significance: Established that the First Amendment protects the publication of truthful, newsworthy information even if the publisher knows the source obtained it illegally, so long as the publisher was not involved in the illegality. This creates a high bar for punishing downstream publishers of leaked information.

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