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WESTMORELAND v. COLUMBIA BROADCASTING SYSTEM, INC.

No. 471, Docket 84-7809.

752 F.2d 16 (1984)

General William C. WESTMORELAND, Plaintiff, v. COLUMBIA BROADCASTING SYSTEM, INC.; Sauter, Van G.; Crile, George: Wallace, Michael: Adams, Samuel A., Defendants. Appeal of CABLE NEWS NETWORK, INC. In re WAIVER OF LOCAL RULE 7 TO PERMIT AUDIO-VISUAL COVERAGE OF THE TRIAL IN GENERAL WILLIAM C. WESTMORELAND V. CBS, INC., 82 Civ. 7913 (PNL).

United States Court of Appeals, Second Circuit.

Decided November 2, 1984.

Attorney(s) appearing for the Case

Laurence H. Tribe, Cambridge, Mass. (Robert G. Morvillo, Obermaier, Morvillo & Abramowitz, P.C., New York City, Stuart F. Pierson, Ann K.H. Simon, William E. Kennard, Andrew D. Koblenz, Mark E. Martin, Verner, Liipfert, Bernhard, McPherson & Hand, Chartered, Washington, D.C., of counsel), for Cable News Network, Inc.

Steven E. Obus, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., for the Southern District of New York, Thomas D. Warren, Asst. U.S. Atty., New York City, of counsel), for the Bd. of Judges of the U.S. Dist. Ct. for S.D.N.Y.*

Before OAKES and WINTER, Circuit Judges, and CLARIE, District Judge.

OAKES, Circuit Judge:

This case presents the novel question whether a cable news network has a right to televise a federal trial and the public a right to view that trial — where the court is adjudicating a civil action, where both parties have consented to the presence of television cameras in the courtroom under the close supervision of a willing court, but where a facially applicable court rule prohibits the presence of such cameras. The rule is backed by...

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