AMERICAN LIBRARY ASS'N v. FAURER
631 F.Supp. 416 (1986)
AMERICAN LIBRARY ASSOCIATION, et al., Plaintiffs,
Lincoln FAURER, Director, National Security Agency, Defendant.
Civ. A. No. 84-481.
United States District Court, District of Columbia.
March 27, 1986.
Mark H. Lynch, Susan W. Shaffer, American Civil Liberties Union Foundation, Washington, D.C., Leonard Rubenstein, Virginia Civil Liberties Union, Washington, D.C., for plaintiffs.
Vincent Mr. Garvey, Alan L. Ferber, Civil Div., Dept. of Justice, Washington, D.C., for defendant.
JUNE L. GREEN, District Judge.
This matter is before the Court on defendant's motion to dismiss or in the alternative for summary judgment ("Defendant's Motion for Summary Judgment"); plaintiffs' motion for summary judgment; an in camera inspection of the classified affidavit of Mr. E. Rich, Deputy Director, National Security Agency; and the entire record herein. For the reasons below, the Court grants defendant's motion for summary judgment.I. Background
Plaintiffs, an historical researcher and several library and historical organizations,1 filed the instant action for declaratory and injunctive relief, seeking access to 34 documents donated to the George C. Marshall Library ("Library") by William Friedman, a former employee of the National Security Agency ("NSA"). The documents at issue include 31 now-classified pieces of private correspondence and three government publications.
The basic facts surrounding the donation of these disputed documents and the controversy arising from their withdrawal from public access are simple and uncontested. In 1969, Mr. William Friedman, a noted cryptologist who had worked for the NSA and its predecessor agencies, decided to donate his personal collection of letters, papers, and memorabilia ("Friedman Collection") to the Library. After his death in 1969, the Friedman Collection was transferred from his home to the George C. Marshall Library, located on the campus of the Virginia Military Institute in Lexington, Virginia. The Library maintains custody of the papers of certain former government officials.
Public access to the Friedman Collection, however, was not available until Ronald Clark, a biographer, published a biography of Mr. Friedman. While conducting his research, Mr. Clark, with NSA's knowledge, had complete and unrestricted access to the collection during a two-week period of review spent at the Library in late 1975. The collection was opened eventually to the public in January 1978.