Butterworth v. Smith

494 U.S. 624, 110 S. Ct. 1376, 108 L. Ed. 2d 572, 1990 U.S. LEXIS 1533, 17 Media L. Rep. (BNA) 1569, 58 U.S.L.W. 4363
CourtSupreme Court of the United States
DecidedMarch 21, 1990
Docket88-1993
StatusPublished
Cited by145 cases

This text of 494 U.S. 624 (Butterworth v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butterworth v. Smith, 494 U.S. 624, 110 S. Ct. 1376, 108 L. Ed. 2d 572, 1990 U.S. LEXIS 1533, 17 Media L. Rep. (BNA) 1569, 58 U.S.L.W. 4363 (1990).

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

A Florida statute, with certain limited exceptions, prohibits a grand jury witness from ever disclosing testimony which he gave before that body. We hold that insofar as the Florida law prohibits a grand jury witness from disclosing his own testimony after the term of the grand jury has ended, it violates the First Amendment to the United States Constitution.

Respondent was a reporter for the Charlotte Herald-News in Charlotte County, Florida. While writing a series of newspaper articles, he obtained information relevant to alleged improprieties committed by the Charlotte County State Attorney’s Office and Sheriff’s Department. A special prosecutor appointed to investigate the allegations called respondent to testify before a special grand jury which had been convened as part of the investigation. At the time he testified, respondent was warned by the special prosecutor’s staff not to reveal his testimony in any manner, and that such revelation could result in a criminal prosecution for violating Fla. Stat. §905.27. Section 905.27 provides in pertinent part:

[627]*627“(1) A grand juror ... or any other person appearing before the grand jury shall not disclose the testimony of a witness examined before the grand jury . . . except when required by a court to disclose the testimony for the purpose of:
“(a) Ascertaining whether it is consistent with the testimony given by the witness before the court;
“(b) Determining whether the witness is guilty of perjury; or
“(c) Furthering justice.
“(2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communicated to any other person, in any manner whatsoever, any testimony of a witness examined before the grand jury, or the content, gist, or import thereof, except when such testimony is or has been disclosed in a court proceeding.” Fla. Stat. §905.27 (1989).1

[628]*628After the grand jury terminated its investigation, respondent set out to publish a news story — and perhaps a book— about the subject matter of the investigation, a publication which would include respondent’s testimony and experiences in dealing with the grand jury. He sued in the United States District Court for the Middle District of Florida, seeking a declaration that §905.27 was an unconstitutional abridgment of speech, and an injunction preventing the State from prosecuting him. The District Court granted summary judgment to the State, holding that Florida was entitled to make the judgment that a permanent and total ban on the disclosure of witness testimony was necessary to the proper functioning of the grand jury, and that “this is the exceptional case where a severe infringement on rights under the First Amendment is permissible.” 678 F. Supp. 1552, 1561 (1988).

The United States Court of Appeals for the Eleventh Circuit reversed. Recognizing that the “question presented by this appeal... is a narrow one,” the court held that “the pro[629]*629visions of section 905.27 prohibiting ‘any other person’ from disclosing the nature of grand jury testimony are unconstitutional to the extent that they apply to witnesses who speak about their own testimony after the grand jury investigation is terminated.” 866 F. 2d 1318, 1319, 1321 (1989). While acknowledging that “the freedom of speech afforded by the first amendment is not absolute,” the court concluded that the competing state interests were not sufficiently compelling to warrant the imposition of criminal sanctions on witnesses who revealed the content of their own grand jury testimony. Id., at 1319-1320. In reaching its determination, the court relied principally on our decision in Landmark Communications, Inc. v. Virginia, 435 U. S. 829 (1978), and the fact that the Federal Rule of Criminal Procedure governing grand jury secrecy imposes no such obligation on grand jury witnesses. 866 F. 2d, at 1320. We granted certiorari, 493 U. S. 807 (1989), and now affirm.2

Historically, the grand jury has served an important role in the administration of criminal justice. Although the English forerunner of the modern grand jury served primarily as a prosecutorial and investigative arm of the Crown and was designed to enhance the government’s authority, by the 17th century the grand jury had developed an equally important function — to safeguard citizens against an overreaching Crown and unfounded accusations. See 1 S. Beale & W. Bryson, Grand Jury Law and Practice § 1:02, pp. 5-8 (1986). The tradition of secrecy surrounding grand jury proceedings evolved, at least partially, as a means of implementing this latter function by ensuring the impartiality of that body. Douglas Oil Co. of California v. Petrol Stops Northwest, 441 [630]*630U. S. 211, 218-219, n. 9 (1979); Brown, The Witness and Grand Jury Secrecy, 11 Am. J. Crim. Law 169, 170 (1983). Today, grand jury secrecy remains important to safeguard a number of different interests.

‘We consistently have recognized that the proper functioning of our grand jury system depends upon the secrecy of the grand jury proceedings. See, e. g., United States v. Procter & Gamble Co., [356 U. S. 677 (1958)]. In particular, we have noted several distinct interests served by safeguarding the confidentiality of grand jury proceedings. First, if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of that testimony. Moreover, witnesses who appeared before the grand jury would be less likely to testify fully and frankly, as they would be open to retribution as well as to inducements. There also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors to vote against indictment. Finally, by preserving the secrecy of the proceedings, we assure that persons who are accused but exonerated by the grand jury will not be held up to public ridicule.” Douglas Oil Co., supra, at 218-219 (footnote omitted).

At the same time, we have recognized that the invocation of grand jury interests is not “some talisman that dissolves all constitutional protections.” United States v. Dionisio, 410 U. S. 1, 11 (1973). Indeed, we have noted that grand juries are expected to “operate within the limits of the First Amendment,” as well as the other provisions of the Constitution. Branzburg v. Hayes, 408 U. S. 665, 708 (1972). See also Wood v. Georgia,

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Bluebook (online)
494 U.S. 624, 110 S. Ct. 1376, 108 L. Ed. 2d 572, 1990 U.S. LEXIS 1533, 17 Media L. Rep. (BNA) 1569, 58 U.S.L.W. 4363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butterworth-v-smith-scotus-1990.