Zurcher v. Stanford Daily

436 U.S. 547 (1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Stanford Daily (P) covered a campus demonstration in which nine police officers had been injured. The photos in the paper indicated that the photographer had been located where he could have photographed the assailants. Two days after the paper printed the articles and photos on the demonstration, a warrant was issued to search their offices for negatives or film which might identify the assailants. No evidence was found. P brought a civil action in district court, who granted declaratory relief. The court held that the 4th Amendment forbids the issuance of a warrant to search for such materials in the possession of one not suspected of a crime except upon demonstration that a subpoena would be impracticable. It also held that the 1st Amendment barred the search of newspaper offices except upon a clear showing that important materials would otherwise be destroyed or removed and that a restraining order would be futile. The Court of Appeals upheld the District Court findings. Zurcher (D) appealed.