Courts are most likely to follow the precedent of Justice White's majority opinion in the Branzburg case when journalists are subpoenaed by grand juries, when they are asked to testify about something they have witnessed, and when they are being asked to produce non-confidential information.

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This is because in the Branzburg case, the Supreme Court held that journalists do not have a First Amendment right to refuse grand jury subpoenas for information they have personally observed, and that this override outweighs any potential harm to the journalist's ability to gather news. However, if the information being sought is confidential and a journalist's source or information gathering methods could be revealed, courts may be more likely to follow the precedent set in Justice Powell's dissenting opinion which recognized a limited reporter's privilege in certain circumstances.

Courts Are Most Likely to Follow the Precedent of Justice