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Bartnicki v. Vopper

United States Supreme Court

532 U.S. 514 (2001)

Relevant factsFree

Bartnicki (plaintiff), a teachers' union negotiator, and Kane (plaintiff), the union president, had a phone call about ongoing collective-bargaining negotiations that was drawing media attention. An unidentified third party illegally intercepted and recorded the call, in which Kane threatened violence against school board members. Vopper (defendant), a radio host, later obtained the recording from an anonymous source and broadcast it on his show. Bartnicki and Kane sued under federal and state wiretapping statutes; the district court ruled for them, but the court of appeals reversed on First Amendment grounds, and the Supreme Court granted certiorari.

IssueFree

Whether the First Amendment protects a publisher's disclosure of information that was legally obtained from a source who had illegally intercepted it.

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