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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.
Guide to the Zurcher v. The
Stanford Daily Records
SC0580
1
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
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.
Guide to the Zurcher v. The
Stanford Daily Records
SC0580
2
Stone, Peter G.
Taubman, Felicity Barringer.
Freedom of the press--Cases.--United States
Freedom of the press--United States.
Stanford Daily.
Box 1,
Box 1,
Box 1,
Box 1,
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Box 1,
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Box 1,
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Box 1,
Box 2,
Box 2,
Box 2,
Box 2,
Box 2,
Box 2,
Box 2,
Box 2,
Box 2,
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Records
Folder 1
Folder 2
Folder 3
Folder 4
Folder 5
Folder 6
Folder 7
Folder 8
Folder 9
Folder 10
Folder 11
Folder 1
Folder 2
Folder 3
Folder 4
Folder 5
Folder 6
Folder 7
Folder 8
Folder 9
Folder 10
Box 2, Folder 11
Appeal memos (1 of 2)
Appeal memos (2 of 2)
Appellees' Opening Brief - draft
Appellees' Opening Brief 1975
Attorneys' fees
Audit letters, 1978-1980
Correspondence, 1971
Correspondence, 1972 Jan-May
Correspondence, 1972 Jun-Dec
Correspondence, 1973 Jan-May
Correspondence, 1973 Jun-Dec
Correspondence, 1974 Jan-Apr
Correspondence, 1974 Jun-Dec
Correspondence, 1975-1976 Sep
Correspondence, 1976 Oct-1977 May
Correspondence, 1977 Jun-Dec
Correspondence and clippings re legal bills, 1972-1979
Depositions: Jerome B. Falk, Jr., Franklin B. Garfield, 1974; 1974
Miscellaneous legal documents
Notes for oral argument, JBF
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
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
Box 3, Folder 1
Guide to the Zurcher v. The
Stanford Daily Records
98. Order Staying Issuance of Mandate (filed 12-Apr-77
99. Motion for Extension of Stay of Mandate Apr 18, 1977
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)
SC0580
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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
Box 3, Folder 3
Box 3, Folder 4
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)
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
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.
149.
150.
151.
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,
Box 3,
Box 3,
Box 3,
Box 3,
Folder 6
Folder 7
Folder 8
Folder 9
Folder 10
Box 3, Folder 11
Guide to the Zurcher v. The
Stanford Daily Records
Reply letter from County of Santa Clara Oct 11, 1978
Further letter to Judge Peckham from Jerry Falk Nov 1, 1978
Judgment (Amended) Nov 2, 1978
cost Bill of All Defendants-Appellants Nov 7, 1978
Publicity, 1971-1978
Publicity: Stanford Daily issues, 1971-1978
Supreme Court Decision, 1978 [from internet source, 1999]
Transcript, 23-Oct-69
Transcript, Jun 4, 1971; Sep 10, 1971
Transcript, July 10, 1972
SC0580
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Records
Box 3, Folder 13
Guide to the Zurcher v. The
Stanford Daily Records
Transcript, Apr 2, 1973; Jun 27, 1973
SC0580
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