UNITED STATES v. SNEPP

No. 78-1651.

595 F.2d 926 (1979)

UNITED STATES of America, Appellee, v. Frank W. SNEPP, III, Appellant. The Authors League of America, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1979.


Attorney(s) appearing for the Case

Mark H. Lynch, Washington, D. C. (John H. F. Shattuck, American Civil Liberties Union Foundation, Washington, D. C., Stephen Bricker, American Civil Liberties Union of Virginia, Richmond, Va., John Cary Sims, Washington, D. C., Alan Dershowitz, Cambridge, Mass., Geoffrey J. Vitt, Alexandria, Va., on brief), for appellant.

Robert E. Kopp, App. Litigation Counsel, Dept. of Justice, Washington, D. C. (Anthony A. Lapham, Gen. Counsel, Ernest Mayerfeld, Associate Gen. Counsel, Christian F. Winkle, IV, Atty., Central Intelligence Agency, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Thomas S. Martin, Deputy Asst. Atty. Gen., David J. Anderson, Director, Elizabeth Gere Whitaker, Asst. Director, Thomas G. Wilson and Brook Hedge, Attys., Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellee.

Irwin Karp, New York City, on brief, for amicus curiae The Authors League of America, Inc.

Jack C. Landau, Gordon F. Barrington, Jeffrey Tobias, Law Student Researcher, National Law Center, George Washington University, and Jack Gillman, Law Student Researcher, Stanford University Law School, on brief, for amicus curiae The Reporters Committee for Freedom of the Press.

Henry R. Kaufman, Ira M. Millstein, R. Bruce Rich, Weil, Gotshal & Manges, New York City, on brief, for amici curiae Association of American Publishers, Inc.

Before WINTER and PHILLIPS, Circuit Judges, and HOFFMAN, Senior District Judge.


WINTER, Circuit Judge:

The United States sued a former employee of the Central Intelligence Agency (CIA) alleging that defendant breached a secrecy agreement with the CIA by publishing a book about the activities of the CIA in South Vietnam and elsewhere without the prior permission and approval of the CIA. The CIA does not assert, however, that the book disclosed classified information or information that defendant had no right to publish. Although defendant prayed...

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