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Guide to the Zurcher v. Records

Processed by Patricia White; machine-readable finding aid created by Patricia White . Libraries.Department of Special Collections and University Archives Stanford, 2000 Copyright © 2015 The Board of Trustees of the Junior University. All rights reserved. Note This encoded finding aid is compliant with Stanford EAD Best Practice Guidelines, Version 1.0.

Guide to the Zurcher v. The SC0580 1 Stanford Daily Records 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: [email protected] Phone: (650) 725-1022 URL: http://library.stanford.edu/spc 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 ), 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.

Guide to the Zurcher v. The SC0580 2 Stanford Daily Records Stone, Peter G. Taubman, Felicity Barringer. Freedom of the press--Cases.-- Freedom of the press--United States. Stanford Daily.

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)

Guide to the Zurcher v. The SC0580 3 Stanford Daily Records Records

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

Guide to the Zurcher v. The SC0580 4 Stanford Daily Records Records

Box 3, Folder 13 Transcript, Apr 2, 1973; Jun 27, 1973

Guide to the Zurcher v. The SC0580 5 Stanford Daily Records