Decker, U.S. District Judge v. Harper & Row Publishers, Inc.
400 U.S. 348 · Decided January 12, 1971 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Decker, U.S. District Judge v. Harper & Row Publishers, Inc. was decided on January 12, 1971 by a vote of 4–4. The Court affirmed the lower court's decision. The Justices were equally divided, which leaves the lower court's judgment in place without setting precedent.
Read the opinion
Case details
- Citations
- 400 U.S. 348 · 91 S. Ct. 479 · 27 L. Ed. 2d 433 · 1971 U.S. LEXIS 148
- Docket number
- 113
- Decided
- January 12, 1971
- Argued
- December 16, 1970
- Court era
- Burger Court
- Decision type
- Equally divided vote
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 4–4
- How the case arrived
- Certiorari
- Decision direction (SCDB)
- Unspecifiable what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Equally divided vote | |
| Justice John M. Harlan II | Equally divided vote | |
| Justice William J. Brennan Jr. | Equally divided vote | |
| Justice Potter Stewart | Equally divided vote | |
| Justice Byron R. White | Equally divided vote | |
| Justice Thurgood Marshall | Equally divided vote | |
| Chief Justice Warren E. Burger | Equally divided vote | |
| Justice Harry A. Blackmun | Equally divided vote |
Did not participate: William O. Douglas.
Full case caption
Decker, U.S. District Judge, et al. v. Harper & Row Publishers, Inc., et al.
SCDB identifiers: case 1970-018, docket 1970-018-01.
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error