Rehnquist rejects constitutional protection for the challenged broadcast

William H. RehnquistChief justice writing in dissent, joined by Justices Antonin Scalia and Clarence Thomas

Rehnquist argues that the Constitution should not protect the involuntary broadcast of personal conversations.

“The Constitution should not protect the involuntary broadcast of personal conversations.”

Original text

Read the original text (opens in a new tab)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

Where this statement fits

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

The Supreme Court protected publication of a recorded call by recipients who did not participate in the illegal interception and lawfully obtained the tape afterward. John Paul Stevens's majority emphasizes public concern. William Rehnquist's dissent stresses privacy and incentives for interception.

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Source and context

Original text

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

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.

Archived copy (opens in a new tab)

Before the quotation

He argues that the speakers had no intention of contributing to a public debate.

After the quotation

He calls the conversations private and worthy of protection.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

The case concerns publishing the intercepted call, not whether the wiretap law is desirable. Rehnquist expressly rejects constitutional protection for the involuntary broadcast and argues against the publication protected by the majority.

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Rehnquist rejects constitutional protection for the challenged broadcast
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The Dispute Index. "Rehnquist rejects constitutional protection for the challenged broadcast". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/events/6727-rehnquist-argues-that-the-constitution-should-not-protect