Houchins v. KQED Inc.

Media Items
Oral Argument
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Opinion Announcement
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Advocates
Kelvin H. Booty, Jr. (Argued the cause for the petitioner)
William Bennett Turner (Argued the cause for the respondent)
Case Basics
Docket No.: 
76-1310
Petitioner: 
Houchins
Respondent: 
KQED Inc.
Decided By: 
Burger Court (1975-1981)
Opinion: 
438 U.S. 1 (1978)

Cite this page
The Oyez Project, Houchins v. KQED Inc. , 438 U.S. 1 (1978)
available at: (http://oyez.org/cases/1970-1979/1977/1977_76_1310)
Facts of the Case: 

KQED Inc., owner of a number of licensed television and radio broadcasting stations, requested permission to inspect and take pictures of the Alameda County Jail at Santa Rita. KQED sought to investigate a recent suicide that had occurred at the facility. Houchins, the Sheriff of Alameda County, denied access to the media.

Question: 

Did the First Amendment guarantee news media a right of access to jails over and above that of other persons?

Conclusion: 

No. In an opinion written by Chief Justice Burger, the Court held that the First Amendment granted no special right of access to the press to government-controlled sources of information. The Court reasoned that the importance of acceptable prison conditions and the media's role of providing information afforded "no basis for reading into the Constitution a right of the public or the media to enter these institutions. . .and take moving and still pictures of inmates for broadcast purposes."

Decisions

Decision: 4 votes for Houchins, 3 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

Sort by Seniority

Voted with the minority, joined Stevens' dissent
Brennan
Did not participate
Marshall
Voted with the majority
White
Wrote a dissent
Stevens
Did not participate
Blackmun
Wrote a special concurrence
Stewart
Voted with the minority, joined Stevens' dissent
Powell
Wrote the judgment of the Court
Burger
Voted with the majority
Rehnquist

Judgment of the Court by Justice Warren E. Burger