APPLICATION OF NATIONAL BROADCASTING CO., INC.

No. 1667, Docket 80-1345.

635 F.2d 945 (1980)

In re Application of NATIONAL BROADCASTING COMPANY, INC. et al., Applicants-Appellees. UNITED STATES of America v. Michael O. MYERS et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Submitted September 15, 1980.

Decided October 1, 1980.


Attorney(s) appearing for the Case

Neil I. Levy and Richard Ben-Veniste, Washington, D.C., for defendant-appellant Criden.

Henry F. Furst, Newark, N.J. (Raymond A. Brown, Newark, N.J., on brief), for defendant-appellant Errichetti.

John J. Duffy, Philadelphia, Pa., for defendant-appellant Johanson.

(Plato Cacheres and Larry Gondelman, Washington, D.C., on brief for defendant-appellant Myers.)

Edward R. Korman, U.S. Atty., Brooklyn, N.Y., for the United States.

Floyd Abrams, New York City (Robert C. Meade, Cahill, Gordon & Reindel, J. Marshall Wellborn, National Broadcasting Companies, Inc., Samuel Antar, American Broadcasting Companies, and Allen Shaklan, CBS Inc., New York City, on brief), for applicants-appellees National Broadcasting Co., American Broadcasting Companies, and CBS Inc.

Daniel Rezneck, Washington, D.C. (Stephen E. Kaufman, New York City, Clifford Stromberg, Robert N. Weiner, Arnold & Porter, Washington, D.C., on brief), for Congressman Frank Thompson, Jr., as amicus curiae.

Before NEWMAN and KEARSE, Circuit Judges, and DUMBAULD, District Judge.


NEWMAN, Circuit Judge:

This appeal presents an infrequently litigated issue within the general context of the fair trial-free press controversy: whether television networks may copy and televise videotapes entered into evidence in a criminal trial. The issue arose during the first of the so-called Abscam cases, see United States v. Myers, 635 F.2d 932 (2d Cir. 1980), criminal prosecutions of Members of Congress and other public...

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