October Term 2000 · Docket 99-1687
Does the First Amendment protect the publication of illegally intercepted private conversations?
the sides that brought the case seek damages for the broadcast of their private conversation. the opposing sides claim the First Amendment shields their publication of that information.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the sides that brought the case emphasize the vital interest in excluding unwanted intruders from private activities.
the opposing sides assert that the First Amendment protects the publication of the intercepted conversation.
The Court examines whether the source of the information changes the constitutional analysis.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
- Official Supreme Court Transcript — file page 54, lines 11-13 — Transcript, file page 54, lines 11-13
A citizen's guide to the whole case
What this case is about
This case tests whether the First Amendment protects the publication of private conversations intercepted by a third party without the speakers' consent.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
How the case got here
The Supreme Court heard oral argument in this case on December 5, 2000.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 54, lines 11-13 — Transcript, file page 54, lines 11-13
What each side wants
the sides that brought the case want a damages award for the broadcast of their private conversation.
the opposing sides want dismissal of the suit based on First Amendment protection.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
What each side says
the sides that brought the case argue the law must protect individuals from unwanted intrusions into private activities.
the opposing sides argue the First Amendment protects the publication of information of public concern.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
What the justices asked
Does the First Amendment bar liability for publishing illegally intercepted private conversations?
Does the source of the information affect the publisher's constitutional protection?
Official sources for this section
- Official Supreme Court Transcript — file page 54, lines 11-13 — Transcript, file page 54, lines 11-13
Why it matters
The outcome defines the boundary between privacy rights and free speech. It determines whether publishers face liability for broadcasting private conversations. This affects how media organizations report sensitive information. It shapes the legal risk for publishing intercepted communications.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 54, lines 11-13 — Transcript, file page 54, lines 11-13
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
- Official Supreme Court Transcript — file page 16, lines 13-25 — Transcript, file page 16, lines 13-25
- Official Supreme Court Transcript — file page 16, lines 27-31 — Transcript, file page 16, lines 27-31
- Official Supreme Court Transcript — file page 25, lines 3-9 — Transcript, file page 25, lines 3-9
- Official Supreme Court Transcript — file page 38, lines 43-25 — Transcript, file page 38, lines 43-25
- Official Supreme Court Transcript — file page 4, lines 17-3 — Transcript, file page 4, lines 17-3
- Official Supreme Court Transcript — file page 49, lines 7-21 — Transcript, file page 49, lines 7-21
- Official Supreme Court Transcript — file page 52, lines 11-9 — Transcript, file page 52, lines 11-9
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.