Tenney v. Brandhove

341 U.S. 367 (1951)

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Tenney v. Brandhove

United States Supreme Court
341 U.S. 367 (1951)

  • Written by Whitney Kamerzel , JD

Facts

The Tenney Committee (the Committee) (defendant) was created by the California Senate to investigate political misconduct. William Brandhove (plaintiff) published a petition to persuade the legislature to stop funding the Committee. The petition alleged that the Committee was using Brandhove to disparage a candidate for mayor of San Francisco. After Brandhove circulated the petition, the Committee called Brandhove to testify at an investigative hearing. The Committee entered evidence disputing Brandhove’s petition and revealing Brandhove’s criminal record. Brandhove refused to testify at the hearing and was prosecuted in state court. Brandhove subsequently sued the Committee and its individual members of the state legislature in federal district court, alleging these participants, acting under color of law, conspired to deprive Brandhove of his First Amendment right to free speech in order to prevent Brandhove from revealing the Committee’s misconduct. The district court dismissed the case, and the court of appeals reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

Dissent (Douglas, J.)

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