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SANDERS v. McCLELLAN

Nos. 24507, 24728.

463 F.2d 894 (1972)

Thomas W. SANDERS, Appellant, v. John L. McCLELLAN et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Mr. Gerald M. Stern, Washington, D. C., with whom Messrs. Melvin L. Wulf, New York City, and Lawrence Speiser, Washington, D. C., were on the pleadings, for appellant.

Mr. Robert L. Keuch, Atty., Dept. of Justice, with whom Messrs. J. Walter Yeagley, Asst. Atty. Gen., and Benjamin C. Flannagan, Atty. Dept. of Justice, were on the pleadings, for appellees.

Mr. Stanley L. Temko, Washington, D. C., with whom Mr. John E. Vanderstar, Washington, D. C., was on the memorandum, for Authors League of America, amicus curiae.

Before FAHY, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.

FAHY, Senior Circuit Judge:

Appellant Sanders, plaintiff in the District Court, publishes in Berkeley, California, a journal called "Black Politics," in which have appeared articles under the pseudonym "George Prosser." It is undisputed that in some of the articles, as found by the District Court, Mr. Prosser "details how to accomplish sabotage and terrorism, suggests various targets, and explains how to manufacture explosives."

Appellees, defendants in the...

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