ZURCHER V. STANFORD DAILY
436 U.S. 547 (1978)
NATURE OF THE CASE: This is an appeal from the granting of declaratory relief.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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