Guide to the Zurcher v. The Stanford Daily Records SC0580

Finding aid prepared by Processed by Patricia White; machine-readable finding aid created by Patricia White

Dept. of Special Collections & University Archives

Stanford University Libraries.

557 Escondido Mall

Stanford, California, 94305

Repository email: speccollref@stanford.edu

2000

Note

This encoded finding aid is compliant with Stanford EAD Best Practice Guidelines, Version 1.0.

Title: Zurcher v. The Stanford Daily records

Identifier/Call Number: SC0580

Contributing Institution: Dept. of Special Collections & University Archives

Language of Material: English

Physical Description: 1.5 Linear feet

Date (inclusive): 1969-1999

creator: Stanford Daily.

Scope and Content

These records, created by The Stanford Daily as well as their attorneys (Jerome B. Falk, Jr. and Robert H. Mnookin of the Howard, Prim, Rice, Nemerovski, Canday & Pollack law firm and Anthony G. Amsterdam of the Stanford Law School), include correspondence, 1971-80; legal documents (depositions, motions, petitions, briefs, and others), 1974-1978; a notebook on the case's oral argument kept by attorney Jerome B. Falk; transcripts from the trial, 1971-72; and clippings and news articles, 1971-1978. There is also a trial transcript from an earlier case (testimony of Mark Weinberger in People v. Steven Kessler, Oct. 23, 1969) involving The Stanford Daily photographers covering a demonstration.

Correspondents include attorneys Anthony G. Amsterdam, Robert H. Mnookin, Jerome B. Falk, Jr., and Franklin R. Garfield; Daily editors Felicity Barringer, Edward H. Kohn, and Fred Mann; and Peter G. Stone and Marilyn D. Norek, attorneys for Palo Alto.

Historical Note

On April 12, 1971, Palo Alto police officers obtained a warrant to search the offices of the student newspaper The Stanford Daily for photographic evidence of the April 9th Stanford University Hospital sit-in, in which property was damaged and nine officers injured. It was the first known use of a search warrant in an American newspaper office. On May 12, The Daily filed a law suit against James Zurcher, chief of police, and other officers claiming that the search was in violation of First, Fourth and Fourteenth Amendment rights. The case attracted national attention and became a test of the freedom of the press. Although lower courts upheld the case it was later reversed by the U. S. Supreme Court.

Preferred Citation:

[Identification of item], Zurcher v. The Stanford Daily Records (SC0580). Dept. of Special Collections and University Archives, Stanford University Libraries, Stanford, Calif.

Provenance

Gift of The Stanford Daily, 1999.

Publication Rights

Property rights reside with the repository. Literary rights reside with the creators of the documents or their heirs. To obtain permission to publish or reproduce, please contact the Public Services Librarian of the Dept. of Special Collections and University Archives.

Access Restrictions

None.

Subjects and Indexing Terms

Falk, Jerome B.

Kohn, Edward H.

Mann, Frederick G.

Mnookin, Robert H.

Norek, Marilyn D.

Stone, Peter G.

Taubman, Felicity Barringer.

Freedom of the press--Cases.--United States

Freedom of the press--United States.

Stanford Daily.

Box 1, Folder 1

Appeal memos (1 of 2)

Box 1, Folder 2

Appeal memos (2 of 2)

Box 1, Folder 3

Appellees' Opening Brief - draft

Box 1, Folder 4

Appellees' Opening Brief, 1975

Box 1, Folder 5

Attorneys' fees

Box 1, Folder 6

Audit letters, 1978-1980

Box 1, Folder 7

Correspondence, 1971

Box 1, Folder 8

Correspondence, 1972 Jan. - May

Box 1, Folder 9

Correspondence, 1972 June - Dec.

Box 1, Folder 10

Correspondence, 1973 Jan. - May

Box 1, Folder 11

Correspondence, 1973 June - Dec.

Box 2, Folder 1

Correspondence, 1974 Jan. - April

Box 2, Folder 2

Correspondence, 1974 June - Dec.

Box 2, Folder 3

Correspondence, 1975 - 1976 Sept.

Box 2, Folder 4

Correspondence, 1976 Oct. - 1977 May

Box 2, Folder 5

Correspondence, 1977 June - Dec.

Box 2, Folder 6

Correspondence and clippings re legal bills, 1972-1979

Box 2, Folder 7

Depositions: Jerome B. Falk, Jr., Franklin B. Garfield, 1974; 1974

Box 2, Folder 8

Miscellaneous legal documents

Box 2, Folder 9

Notes for oral argument, JBF

Box 2, Folder 10

Pleadings:

1. Motion of Joseph Berman, Charles Lyle and Robert Litterman to Quash Subpoenas Duces Tecum; Memorandum of Points and Authorities in Support Thereof

2. Motion for continuance of Hearing on Motion to Quash Subpoenas Duces Tecum; Affidavit in Support Thereof

Box 2, Folder 11

Pleadings:

91. Notice of Joining of Co-Counsel (Feb. 14, 1977)

92. Petition for Rehearing by Defendants-Appellants Zurcher, Bondander, Deisinger, Martin, and Peardon and Suggestion that Rehearing be in Banc (Feb. 14, 1977)

93. Petition for Rehearing and Suggestion for Rehearing In Banc on Behalf of Appellants Bergna and Brown (Feb. 16, 1977)

94. Order of U.S. Court of Appeals rejecting petitions for rehearing and rehearing en banc (March 28, 1977)

95. Motion for Stay of Mandate pending Application for Certiorari (Apr. 1, 1977)

96. Memorandum in Opposition to Motion for Stay of Mandate (Apr. 4, 1977)

97. Reply to Memorandum in Opposition to Motion for Stay of Mandate (Apr. 8, 1977)

98. Order Staying Issuance of Mandate (filed Apr. 12, 1977)

99. Motion for Extension of Stay of Mandate (Apr. 18, 1977)

Box 3, Folder 1

Pleadings:

100. Memorandum in Opposition to Motion for Extension of Stay of Mandate (Apr. 19, 1977)

101. SUPREME COURT OF U.S.: Petition for a Writ of Certiorari to the U. S. Court of Appeals for the Ninth Circuit (served 4/25/77; received 4/26/77)

102. Letter to Clerk of Supreme Court in response to Petition for Writ of Certiorari (May 2, 1977)

103. Letter to clerk of Supreme Court by opposing counsel (May 4, 1977)

104. Appearance form before Supreme Court of U.S. (mailed May 6, 1977)

105. SUPREME COURT OF U. S.: Petition for Writ of Certiorari [filed by petitioners Bergna and Brown] (served received May 13, 1977; May 16, 1977)

Box 3, Folder 2

Pleadings:

106. Letter to Clerk of Supreme Court by respondents re filing no response to petition for certiorari (May 20, 1977)

107. Appearance form before Supreme Court of U. S. (re second petition for Certiorari) mailed) (May 25, 1977

108. Counsel for City Attorney, City of Palo Alto's Appearance Form before Supreme Court of U. S. (received July 6, 1977)

109. Brief for Respondents in Opposition (U. S. Supreme Court) (July 29, 1977)

Box 3, Folder 3

Pleadings:

131. Notice of denial of motion of Reporters Committee for Freedom of the Press to argue (Jan. 16, 1978)

132. Respondents' Reply to the Brief of the United States as Amicus Curiae (Jan. 16, 1978)

133. Petitioners' Reply to the Brief of the United States as Amicus Curiae (Jan. 24, 1978)

Box 3, Folder 4

Pleadings:

134. U.S. SUPREME COURT OPINION (decided May 31, 1978)

135. Petition for Rehearing (June 23, 1978)

136. Motion of the American Civil Liberties Union and the American Civil Liberties Union of Northern California for Leave to File Brief Amici Curiae in Support of Petition for Rehearing and Brief Amici Curiae in Support of Petition for Rehearing (June 23, 1978)

137. Certificate of Counsel [of SLM] and cover letter to the Court (June 26, 1978)

138. Motion for Leave to File Brief and Brief in Support of Petition for Rehearing Submitted by Amici Curiae [Reporters Committee for Freedom of the Press et al] June 26, 1978

139. Letter to Clerk of U. S. Supreme Court re error in Petition for Rehearing (July 12, 1978)

Box 3, Folder 5

Pleadings:

140. Order remanding cause to U.S.D.C. (July 28, 1978)

141. Notice from Supreme Court re recovery for costs (June 28, 1978)

142. Cost Bill of All Defendants-Appellants (Aug. 8, 1978)

143. Amended cost Bill of All Defendants-Appellants (Aug. 11, 1978)

144. U.S.D.C. notification re filing of mandate of U. S. Crt. App. (Aug. 17, 1978)

145. Order [granting ACLU & Reporters Committee for Freedom of the Press leave to file briefs amici curiae and denying petition for rehearing] (Oct. 2, 1978)

146. [Proposed] Judgment (Amended) (received Oct. 6, 1978)

147. Letter "response" requesting deferment of entry of judgment from Falk (Oct. 6, 1978)

148. Reply letter from County of Santa Clara (Oct. 11, 1978)

149. Further letter to Judge Peckham from Jerry Falk (Nov. 1, 1978)

150. Judgment (Amended) (Nov. 2, 1978)

151. cost Bill of All Defendants-Appellants (Nov. 7, 1978)

152. Amended Cost Bill of All Defendants-Appellants (Nov. 13, 1978)

153. U.S.D.C.: Notice [attaching Amended Cost Bill of All Defendants-Appellants] (Nov. 28, 1978)

Box 3, Folder 6

Publicity, 1971-1978

Box 3, Folder 7

Publicity: Stanford Daily issues, 1971-1978

Box 3, Folder 8

Supreme Court Decision, 1978 [from internet source, 1999]

Box 3, Folder 9

Transcript, Oct. 23, 1969

Box 3, Folder 10

Transcript, June 4, 1971; Sept. 10, 1971

Box 3, Folder 11

Transcript, July 10, 1972

Box 3, Folder 13

Transcript, Apr. 2, 1973; June 27, 1973

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