HARPER & ROW PUBLISHERS, INC. v. NATION ENTERPRISES

Nos. 143, 261, Dockets 83-7277, 83-7327.

723 F.2d 195 (1983)

HARPER & ROW, PUBLISHERS, INC. and the Reader's Digest Association, Inc., Plaintiffs-Appellees-Cross-Appellants, v. NATION ENTERPRISES and the Nation Associates, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 17, 1983.


Attorney(s) appearing for the Case

Floyd Abrams, Cahill, Gordon & Reindel, New York City (Devereux Chatillon, Carol E. Rinzler, New York City, of counsel), American Civil Liberties Union, New York City, Andrew L. Deutsch, New York City, of counsel, and Leon Friedman, Hofstra University School of Law, Hempstead, N.Y., of counsel, for defendants-appellants-cross-appellees.

George Freeman, The New York Times Company, New York City, of counsel, for amici curiae The New York Times Co., Scientific American, Inc., The New York Review of Books, The Progressive, Inc. and the Reporters Committee for Freedom of the Press.

Stephen Gillers, New York City, of counsel, for amicus PEN American Center.

Roger L. Zissu, Cowan, Liebowitz & Latman, P.C., New York City (Alan Latman, Jane C. Ginsburg, David Otis Fuller, Jr., Christopher Goff, New York City, of counsel), for plaintiff-appellee cross-appellant The Reader's Digest Association, Inc.

Edward A. Miller, New York City, of counsel, for plaintiff-appellee-cross-appellant Harper & Row, Publishers, Inc.

Weil, Gotshal & Manges, New York City, Paskus, Gordon & Hyman, New York City, for amicus curiae Association of American Publishers, Inc.

Before KAUFMAN, MESKILL and PIERCE, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

Almost ten years ago, this nation endured a grave threat to its domestic political life. The report of a burglary at Democratic National Headquarters in the Watergate complex of Washington, D.C. led to a historic constitutional confrontation. The President, suspected of involvement in covering up the crime and its partisan origins, pitted his will against the resolve of a Congress endeavoring to discover the true facts. The citizens...

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