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GELBARD v. UNITED STATES

No. 71-110.

408 U.S. 41 (1972)

GELBARD ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Michael E. Tigar argued the cause for petitioners in No. 71-110. With him on the brief was Burton Marks. Mr. Marks filed a brief for petitioner Gelbard in No. 71-110.

Deputy Solicitor General Friedman argued the cause for the United States in both cases. On the brief in No. 71-110 were Solicitor General Griswold, Assistant Attorney General Petersen, Allan A. Tuttle, and Beatrice Rosenberg. On the brief in No. 71-263 were Solicitor General Griswold, Assistant Attorney General Mardian, Mr. Tuttle, and Robert L. Keuch.

Jack J. Levine argued the cause pro hac vice for respondent Egan in No. 71-263. With him on the brief was Charles R. Nesson. Bernard L. Segal filed a brief for respondent Walsh in No. 71-263.

Melvin L. Wulf, Sanford Jay Rosen, Thomas Harvey, and Laurence R. Sperber filed a brief for the American Civil Liberties Union as amicus curiae urging reversal in No. 71-110 and affirmance in No. 71-263. Frank G. Carrington, Jr., and Alan S. Ganz filed a brief for Americans for Effective Law Enforcement, Inc., as amicus curiae urging reversal in No. 71-263.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

These cases present challenges to the validity of adjudications of civil contempt, pursuant to 28 U. S. C. § 1826 (a),1 of witness before federal grand juries who refused to comply with court orders to testify. The refusals were defended upon the ground that interrogation was to be based upon information obtained from the witnesses' communications...

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