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BUTTERWORTH v. SMITH

No. 88-1993.

494 U.S. 624 (1990)

BUTTERWORTH, ATTORNEY GENERAL OF FLORIDA, ET AL. v. SMITH

Supreme Court of United States.

Decided March 21, 1990

Attorney(s) appearing for the Case

George L. Waas, Assistant Attorney General of Florida, argued the cause for petitioners. With him on the briefs were Robert A. Butterworth, Attorney General, pro se, and Louis F. Hubener, Assistant Attorney General.

Gregg D. Thomas argued the cause for respondent. With him on the brief were Steven L. Brannock and Julian Clarkson.*

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...

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