Bartnicki v. Vopper
United States Supreme Court
532 U.S. 514 (2001)
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.
Whether the First Amendment protects a publisher's disclosure of information that was legally obtained from a source who had illegally intercepted it.