Potter Stewart was an associate justice of the U.S. Supreme Court from 1958 to 1981. He previously sat on the U.S. Court of Appeals for the Sixth Circuit.
We have documented 1 statement by Potter Stewart, in 1 case. Each statement below gives the quotation, its original source and a link to the full case.
Case updates
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Role at the time: U.S. Supreme Court justice, dissenting with Brennan and Marshall
Condemned
Statement summary
Stewart argues that subpoena power without constitutional protection for confidential sources will deter sources and reporters.
“The Court thus invites state and federal authorities to undermine the historic independence of the press”
Read the original text (opens in a new tab)Branzburg v. Hayes, 408 U.S. 665: full opinions · Supreme Court of the United StatesSyllabus page 665; majority pages 667-709; Powell pages 709-710; Douglas pages 711-725; Stewart pages 725-752
Why we used this label
Stewart rejects the majority's approach to compelled testimony.
Branzburg rejected a First Amendment privilege against relevant grand-jury testimony. The majority stressed criminal investigations; Stewart's dissent stressed confidential reporting. Powell joined the opinion while describing protections against harassment and demands lacking a legitimate law-enforcement need.
