The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, November 29, 1977
Decision: Monday, June 26, 1978
Issues: First Amendment, Miscellaneous

Advocates

Kelvin H. Booty, Jr. (Argued the cause for the petitioner)
William Bennett Turner (Argued the cause for the respondent)

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."

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 4 votes for Houchins, 3 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Did not participate
Marshall
Did not participate
Blackmun
Wrote the judgment of the Court
Burger
Voted with the minority, joined Stevens' dissent
Brennan
Wrote a special concurrence
Stewart
Voted with the majority
White
Voted with the minority, joined Stevens' dissent
Powell
Voted with the majority
Rehnquist
Wrote a dissent
Stevens
Judgment of the Court by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Houchins v. KQED Inc., 438 U.S. 1 (1978),
available at: <http://www.oyez.org/cases/1970-1979/1977/1977_76_1310/>
(last visited ).