William E. Henry v. Steven T. Marshall, Attorney General of Alabama

Nearly 33 years ago, this Court decided Butterworth v. Smith, 494 U.S. 624 (1990), holding that grand jury secrecy laws restricting a grand jury witness from disclosing their own testimony after the conclusion of the grand jury are unconstitutional. The Butterworth majority’s consideration of such secrecy laws did not, however, address the constitutionality of grand jury secrecy laws that prohibit a witness’s disclosure of their own “experience” before the grand jury. Id. at 629 n.2. The question presented is: Whether Alabama’s Grand Jury Secrecy Act restricts a grand jury witness’s public disclosure of their own testimony – including information known to the witness before testifying and information learned as a result of appearing as a witness – after they have appeared as a witness violates the Free Speech Clause of the First Amendment to the United States Constitution.