Bartnicki v. Vopper: justices split over publishing an illegally intercepted call

The Supreme Court protects disclosure of a call by recipients who did not participate in its illegal interception. The majority emphasizes public concern; the dissent stresses privacy and the incentive for others to intercept communications.

Case period:

Published by The Dispute Index editorial teamPublished Updated

Gloria BartnickiFrederick VopperSupreme Court of the United States

Overview

The majority and dissent disagree over whether the First Amendment shields publication of this intercepted call from liability.

The May 21, 2001 ruling concerns truthful public-concern material and publishers who played no part in the interception. Stephen Breyer and Sandra Day O'Connor concur on narrower grounds that emphasize the competing interests and an apparent threat of physical harm in the call.

Those factual predicates were accepted for the legal question presented at that stage of the case. The ruling does not give journalists permission to hack, procure unlawful interception or publish every private recording. The ACLU welcomed the publication holding while opposing illegal interception.

Timeline

1 timeline entry on this page. Dates: May 21, 2001

  1. May 2001

    1. The Supreme Court protects the disclosures in Bartnicki

      The Court rules 6-3 for the publishers under the facts accepted for the question presented.

      [01]Supreme Court of the United States

      The opinions consider publication by recipients who did not participate in the interception, lawfully received the tape and published material of public concern.

      Supreme Court opinions in Bartnicki v. Vopper · Supreme Court of the United States532 U.S. 514, majority 524-535; concurrence 535-541; dissent 541 onward

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Sources

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Original text

Supreme Court opinions in Bartnicki v. Vopper

Supreme Court opinions in Bartnicki v. Vopper (opens in a new tab) · Supreme Court of the United States532 U.S. 514, majority 524-535; concurrence 535-541; dissent 541 onward
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Relevant passage: 532 U.S. 514, majority 524-535; concurrence 535-541; dissent 541 onward

About this source

The opinions consider publication by recipients who did not participate in the interception, lawfully received the tape and published material of public concern.

Published
Accessed
Archived copy (opens in a new tab)

Official statement

ACLU welcomes the Bartnicki publication ruling

ACLU welcomes the Bartnicki publication ruling (opens in a new tab) · American Civil Liberties UnionSteven Shapiro quotation and closing discussion of interception
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Relevant passage: Steven Shapiro quotation and closing discussion of interception

About this source

The ACLU defends publication of public-concern information while opposing illegal interception.

Published
Accessed
Archived copy (opens in a new tab)

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Cite this record

Publisher
The Dispute Index
Title
Bartnicki v. Vopper: justices split over publishing an illegally intercepted call
First published
Last updated
Permalink
https://disputeindex.com/cases/bartnicki-v-vopper-intercepted-call-publication-privacy

The Dispute Index. "Bartnicki v. Vopper: justices split over publishing an illegally intercepted call". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/cases/bartnicki-v-vopper-intercepted-call-publication-privacy