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WASHINGTON POST COMPANY v. KLEINDIENST

No. 72-1362.

494 F.2d 994 (1974)

The WASHINGTON POST COMPANY et al. v. Richard G. KLEINDIENST, Acting Attorney General of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 1974.

Certiorari Granted March 4, 1974.

Attorney(s) appearing for the Case

Leonard Schaitman, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellants. John A. Terry, Michael A. Katz, and Robert D. Zsalman, Asst. U. S. Attys., also entered appearances for appellants.

Joseph A. Califano, Jr., Washington, D. C., with whom Charles H. Wilson, Jr., and Richard M. Cooper, Washington, D. C., were on the brief, for appellees.

Melvin L. Wulf, New York City, and Hope Eastman, Washington, D. C., filed a brief on behalf of Tom Wicker, et al., as amici curiae urging affirmance. Michele Hermann, New York City, also entered an appearance for Tom Wicker, et al., as amici curiae.

Before McGOWAN, LEVENTHAL and ROBINSON, Circuit Judges.

Certiorari Granted March 4, 1974. See 94 S.Ct. 1482.

McGOWAN, Circuit Judge:

This appeal by the Government from a declaration and order of the District Court presents the question of the extent to which press communication with federal prisoners can be restricted without falling afoul of the First Amendment. It arises by reason of the issuance and implementation by the Federal Bureau of Prisons of its Policy Statement 1220.1A, which categorically forbids personal...

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