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Four of the justices agreed that Branzburg had no right to confidentiality and should have given the court the identities they had requested. One of the Supreme Court justices handed down a dissenting opinion. The opinion handed down stated that Branzburg's rights should have been protected unless the court could prove three things: First they had to prove probable cause that Branzburg had information to a crime that the Grand Jury was investigating...
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Secondly the court had to prove that there was no other alternative to obtaining the desired information on the two individuals identities except from Branzburg himself. Finally the court had to prove that there was strong desire for the government to obtain this information. The court had to provide strong enough evidence that proved the government had a powerful enough need to obtain the information...
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