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REUBER v. FOOD CHEMICAL NEWS, INC.

No. 88-2641.

925 F.2d 703 (1991)

Melvin D. REUBER, Plaintiff-Appellee, v. FOOD CHEMICAL NEWS, INC., Defendant-Appellant, and Litton Industries, Inc.; Litton Bionetics, Inc.; Vincent T. Devita, Jr., National Cancer Institute, National Institute of Health; Richard Adamson, National Cancer Institute, National Institute of Health; William V. Hartwell, National Cancer Institute, National Institute of Health; William Payne, Frederick Cancer Research Center; Michael G. Hanna, Jr., Frederick Cancer Research Center; James C. Nance, Litton Bionetics, Inc.; I.J. Fidler, Frederick Cancer Research Center; United States of America; U.S. Department of Health and Human Services; Environmental Protection Agency, Defendants, The Newsletter Association; Maryland-Delaware-District of Columbia Press Association; National Association of Broadcasters; the Radio-Television News Directors Association; the Reporters Committee for Freedom of the Press; Washington Merry-Go-Round, Inc.; the Washington Post, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1991.

As Amended February 12 and February 27, 1991.

Attorney(s) appearing for the Case

Aaron L. Handleman, argued (Melissa Chappell-White, on brief), Eccleston and Wolf, Washington, D.C., for defendant-appellant.

Raymond Donald Battocchi, argued (Isaac N. Groner and Walter H. Fleischer, on brief), Cole and Groner, P.C., Washington, D.C., for plaintiff-appellee.

Lee Levine and James E. Grossberg, Ross, Dixon & Masback, Washington, D.C., on brief, for amici curiae Newsletter Ass'n, Maryland-Delaware-District of Columbia Press Ass'n, Washington Merry-Go-Round, Inc.

Henry L. Baumann and Steven A. Bookshester, Washington, D.C., on brief, for amicus curiae Nat. Ass'n of Broadcasters.

J. Laurent Scharff, Pierson, Ball & Dowd, Washington, D.C., on brief, for amicus curiae Radio-Television News Directors Ass'n.

Jane E. Kirtley, Washington, D.C., on brief, for amicus curiae Reporters Committee for Freedom of the Press.

Boisfeuillet Jones, Jr. and Barbara P. Percival, Washington, D.C., on brief, for amicus curiae Washington Post.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, WILKINS and NIEMEYER, Circuit Judges, sitting en banc.

WILKINSON, Circuit Judge:

Melvin Reuber was employed as a scientist at a research center operated for the National Cancer Institute (NCI). While operating under the aegis of the NCI, Reuber disseminated his own research and took other actions which created the misleading impression that the NCI had reversed its official position that the pesticide malathion was a non-carcinogen. By such actions, Reuber, a self-styled whistleblower, entered the public controversy swirling...

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