United States v. Richard Steelhammer, United States of America v. Andrew Gallagher

A panel of the court decided this case by a split vote. United States v. Steelhammer, 539 F.2d 373 (4 Cir. 1976). The majority opinion was written by Judge Bryan and concurred in by Judge Kunzig of the United States Court of Claims who was sitting by designation. Judge Winter dissented and filed a separate statement of his views.

We granted rehearing in banc to determine whether, under the facts and circumstances set forth in the panel opinions, the reporters could properly be held in contempt of court for their refusal to testify. On this issue, Chief Judge Haynsworth, Judge Winter, Judge…