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EDWARDS v. NATIONAL AUDUBON SOCIETY, INC.

Nos. 1026, 1027, Dockets 77-7018, 77-7034.

556 F.2d 113 (1977)

J. Gordon EDWARDS, Ph.D., Thomas H. Jukes, Ph.D., Robert H. White-Stevens, Ph.D., Plaintiffs-Appellees, v. NATIONAL AUDUBON SOCIETY, INC., Robert S. Arbib, Jr., Elvin J. Stahr, Jr., Defendants, and The New York Times Company and Roland C. Clement, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 25, 1977.

Attorney(s) appearing for the Case

Floyd Abrams, New York City (Eugene R. Scheiman, Ruth D. MacNaughton, and Cahill Gordon & Reindel, New York City, of counsel), for defendant-appellant New York Times Co.

Morris Zweibel, Mineola, N. Y. (Gifford, Woody, Carter & Hays, New York City, and Crowe, McCoy, Agoglia, Fogarty & Zweibel, P.C., Mineola, N. Y., of counsel), for defendant-appellant Roland C. Clement.

Thomas A. Rothwell, Washington, D. C. (Arthur H. Berndtson, and Rothwell, Capello & Berndtson, Washington, D. C., of counsel), for plaintiffs-appellees.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice and JAMESON, District Judge.

IRVING R. KAUFMAN, Chief Judge:

In a society which takes seriously the principle that government rests upon the consent of the governed, freedom of the press must be the most cherished tenet. It is elementary that a democracy cannot long survive unless the people are provided the information needed to form judgments on issues that affect their ability to intelligently govern themselves. As we said in James v. Board of Education, 461 F.2d 566...

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