Bartnicki v. Vopper

532 U.S. 514 (2001)

Quick Summary

Bartnicki and Kane (plaintiffs) sued Vopper (defendant) after he broadcasted their illegally recorded private conversation related to union negotiations. The case centered around whether this act was protected by the First Amendment.

The Supreme Court concluded that the broadcast was indeed protected speech because it concerned a matter of public interest, despite being sourced from an illegal interception. Thus, Vopper was not liable under wiretapping laws for his actions.

Facts of the Case

Bartnicki, the chief negotiator for a teacher union, and Kane, the union’s president (plaintiffs), were embroiled in contentious collective bargaining negotiations with a school board. During a private phone conversation, they discussed possible aggressive tactics against the board if the negotiations failed. This conversation was secretly recorded by an unknown individual.

The recording surfaced when Vopper (defendant), a radio broadcaster, aired it on his talk show after receiving the tape from an anonymous source. The plaintiffs were unaware of the recording until it was broadcasted, which led to their filing a lawsuit claiming an invasion of privacy under federal and state wiretapping laws against Vopper and other media outlets that disseminated the contents of their conversation.

Procedural Posture and History

  1. Plaintiffs Bartnicki and Kane filed a lawsuit in federal district court against defendant Vopper for invasion of privacy under federal and state wiretapping laws.
  2. The district court ruled in favor of the plaintiffs.
  3. The court of appeals reversed the district court’s decision, citing First Amendment protections for the radio broadcast.
  4. The United States Supreme Court granted certiorari to resolve the conflict arising from the appellate court’s decision.

I.R.A.C. Format


Whether the First Amendment protects a broadcaster’s right to disclose the contents of an illegally intercepted private conversation when the broadcaster was not involved in the interception and the subject matter is of public concern.

Rule of Law

In general, state action to punish the publication of truthful information about matters of public significance conflicts with First Amendment protections, unless there is a need of the highest order justifying such punishment.

Reasoning and Analysis

The Supreme Court acknowledged that respondents Vopper and other media defendants obtained and disclosed truthful information regarding a matter of public concern without participating in the illegal interception.

The Court reasoned that imposing sanctions on those who lawfully obtain and then publish information would not necessarily deter the initial illegal conduct. Furthermore, it was determined that while privacy is an important concern, it must yield to the public interest in free dissemination of matters of public importance.


The Supreme Court held that the disclosures made by respondents are protected by the First Amendment, thus ruling in favor of Vopper and other media defendants. As a result, Bartnicki and Kane’s claim for damages under wiretapping laws was denied.

Dissenting Opinions

Chief Justice Rehnquist, joined by Justices Scalia and Thomas, dissented. They argued that the majority’s decision undermines privacy interests and could encourage illegal interceptions by removing disincentives for disclosing unlawfully obtained information.

Key Takeaways

  1. The First Amendment offers robust protection for media outlets that publish matters of public concern, even if sourced from illegally intercepted communications, provided they did not partake in the illegal act.
  2. Privacy rights can be overridden by the public’s interest in free speech and information on matters of public significance.
  3. The case set a precedent limiting legal recourse for individuals whose private communications are illegally intercepted and then published by third parties.

Relevant FAQs of this case

What are the legal implications of publishing confidential information obtained from an unknown source?

The legal implications can vary depending on the nature of the information, how it was obtained, and the jurisdiction. Generally, the publication of confidential information may lead to lawsuits such as invasion of privacy or breach of confidentiality if not balanced against the public interest in freedom of speech and information dissemination.

  • For example: A journalist publishes a leaked document detailing government corruption. Although the document was confidential, its publication may be protected if it serves a significant public interest by exposing wrongdoing.

How does First Amendment protection extend to media outlets that disseminate information from illegal sources?

The First Amendment protects media outlets’ right to publish information on matters of public concern as long as the outlets did not participate in or encourage the illegal activity to obtain the information. The Court typically weighs the public’s interest in being informed against the harm caused by the publication.

  • For example: A magazine releases details about unsafe practices in a food processing plant from a whistleblower’s illegal recording. The publication could be shielded by the First Amendment because it informs the public about health and safety concerns.

Under what circumstances can privacy rights be overridden by matters of public concern?

Privacy rights can be overridden when there is a significant public interest at stake that outweighs individual privacy concerns. This includes situations where information disclosed is essential for public debate on matters such as health, safety, or government operation.

  • For example: If a celebrity’s health condition raises awareness about a widespread epidemic and encourages public health action, disclosure in the press might be justified despite privacy interests.


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