Guide to the Zurcher v. The Stanford Daily Records

Processed by Patricia White; machine-readable finding aid created by Patricia White
Stanford University. Libraries. Department of Special Collections and University Archives
Stanford, California
2000
Copyright © 2015 The Board of Trustees of the Leland Stanford Junior University. All rights reserved.

Note

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


Overview

Call Number: SC0580
Creator: Stanford Daily.
Title: Zurcher v. The Stanford Daily records
Dates: 1969-1999
Physical Description: 1.5 Linear feet
Language(s): The materials are in English.
Physical Location: Special Collections and University Archives materials are stored offsite and must be paged 36-48 hours in advance. For more information on paging collections, see the department's website: http://library.stanford.edu/spc .
Repository: Department of Special Collections and University Archives
Green Library
557 Escondido Mall
Stanford, CA 94305-6064
Email: specialcollections@stanford.edu
Phone: (650) 725-1022
URL: http://library.stanford.edu/spc

Administrative Information

Provenance

Custodial History

Gift of The Stanford Daily, 1999.

Information about Access

The materials are open for research use.

Ownership & Copyright

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.

Cite As

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

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.

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.

Access 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.


Collection Contents

 

Records

Records

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 Jun-Dec

Box 1, Folder 10

Correspondence, 1973 Jan-May

Box 1, Folder 11

Correspondence, 1973 Jun-Dec

Box 2, Folder 1

Correspondence, 1974 Jan-Apr

Box 2, Folder 2

Correspondence, 1974 Jun-Dec

Box 2, Folder 3

Correspondence, 1975-1976 Sep

Box 2, Folder 4

Correspondence, 1976 Oct-1977 May

Box 2, Folder 5

Correspondence, 1977 Jun-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 12-Apr-77

 

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 6-Oct-78

 

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, 23-Oct-69

Box 3, Folder 10

Transcript, Jun 4, 1971; Sep 10, 1971

Box 3, Folder 11

Transcript, July 10, 1972

Box 3, Folder 13

Transcript, Apr 2, 1973; Jun 27, 1973