DETROIT FREE PRESS v. ASHCROFT

No. 02-1437.

303 F.3d 681 (2002)

DETROIT FREE PRESS, et al., Plaintiffs-Appellees, v. John ASHCROFT, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 26, 2002.


Attorney(s) appearing for the Case

Herschel P. Fink (argued and briefed), Brian D. Wassom (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Detroit Free Press, Inc.

Jonathan Rowe (briefed), Soble & Rowe, Ann Arbor, MI, for Herald Co., Inc.

Lee Gelernt (argued and briefed), American Civil Liberties Union Foundation, New York, NY, Leonard M. Niehoff (briefed), Butzel Long, Ann Arbor, MI, Michael J. Steinberg (briefed), Kary L. Moss (briefed), American Civil Liberties Union Fund of Michigan, Detroit, MI, for Detroit News Inc.

Gregory G. Katsas (argued and briefed), U.S. Dept. of Justice, Tort Branch, Civ. Div., Robert M. Loeb (briefed), Sharon Swingle (briefed), U.S. Dept. of Justice, Civ. Div., App. Sec., Eric D. Miller (briefed), U.S. Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for John Ashcroft.

Before KEITH and DAUGHTREY, Circuit Judges; CARR, District Judge.


OPINION

KEITH, Circuit Judge.

The primary issue on appeal in this case is whether the First Amendment to the United States Constitution confers a public right of access to deportation hearings. If it does, then the Government must make a showing to overcome that right.

No one will ever forget the egregious, deplorable, and despicable terrorist attacks of September 11, 2001. These were cowardly acts. In response, our government launched an extensive...

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