Barr v. Matteo (1958)
- Docket
- 350
- Decided
- 1958-01-01
Summary
Question: Does the absolute privilege granted to government officials for acts done in the scope of their official authority extend to statements to the press about matters under their supervision? Conclusion: Yes. Justice John M. Harlan delivered the judgement of the court, reversing the court of appeals. The plurality argued that the statements from the press release were absolutely privileged. Justice Felix Frankfurter, Justice Tom C. Clark, and Justice Charles E. Whittaker joined in the plurality. Justice Hugo L. Black concurred in the reversal, writing that that the press release was not unauthorized or beyond the scope of Barr’s official business. Chief Justice Earl Warren dissented, arguing that absolute privilege should not extend to lower level officials like Barr, and qualified privilege should only apply to statements to the public. Justice William O. Douglas joined in the dissent. Justice William J. Brennan, Jr. also dissented, arguing that only qualified privilege applied. Justice Potter Stewart dissented, writing that Barr acted beyond the scope of his job duties when he issued the press release, so privilege did not apply.