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BARTNICKI v. VOPPER

No. 99-1687.

532 U.S. 514 (2001)

121 S.Ct. 1753

149 L.Ed.2d 787

BARTNICKI et al. v. VOPPER, aka WILLIAMS, et al.

Supreme Court of United States.

Decided May 21, 2001.

Attorney(s) appearing for the Case

Jeremiah A. Collins argued the cause for petitioners in No. 99-1687. With him on the briefs were Raymond P. Wendolowski and Scott C. Gartley.

Solicitor General Waxman argued the cause for the United States in No. 99-1728. With him on the briefs were Assistant Attorney General Ogden, Deputy Solicitor General Dreeben, Jeffrey A. Lamken, and Douglas N. Letter.

Lee Levine argued the cause for respondents Vopper et al. With him on the brief was Jay Ward Brown. Thomas C. Goldstein argued the cause for respondent Yokum. With him on the brief were Erik S. Jaffe and Frank J. Aritz.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, in which O'Connor, J., joined, p. 535. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 541.

Justice Stevens, delivered the opinion of the Court.

These cases raise an important question concerning what degree of protection, if any, the First Amendment provides to speech that discloses the contents of an illegally intercepted communication. That question is both novel and narrow. Despite the fact that federal law has prohibited such disclosures since 1934,1 this is the first time that we have confronted such an issue.

The...

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