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UNITED STATES v. MARCHETTI

Nos. 72-1586, 72-1589.

466 F.2d 1309 (1972)

UNITED STATES of America, Appellee, v. Victor L. MARCHETTI, Appellant, (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1972.

Certiorari Denied December 11, 1972.

Attorney(s) appearing for the Case

Melvin L. Wulf, New York City (Sanford Jay Rosen, John Shattuck, New York City, American Civil Liberties Union Foundation, and Philip J. Hirschkop, Alexandria, Va., on brief), for appellant.

Irwin Goldbloom, Atty., Dept. of Justice, (Harlington Wood, Jr., Asst. Atty. Gen., Walter H. Fleischer, and Daniel J. McAuliffe, Attys., Dept. of Justice, on brief), for appellee.

(Irwin Karp and Osmond K. Fraenkel, New York City, on brief), for The Authors League of America, Inc., amicus curiae.

(Edward C. Wallace, Marshall C. Berger, Heather Grant Florence, and Weil, Gotshal & Manges, New York City, on brief), for Association of American Publishers, Inc., amicus curiae.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

Certiorari Denied December 11, 1972. See 93 S.Ct. 553.

HAYNSWORTH, Chief Judge:

The question for decision is the enforceability of a secrecy agreement exacted by the government, in its capacity as employer, from an employee of the Central Intelligence Agency. Marchetti contends that his First Amendment rights foreclose any prior restraint upon him in carrying out his purpose to write and publish what he pleases about the Agency and its operations. Relying...

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