ALAN GUTTMACHER INSTITUTE v. McPHERSON

No. 1481, Docket 86-6075.

805 F.2d 1088 (1986)

The ALAN GUTTMACHER INSTITUTE, Plaintiff-Appellant, Richard Udry, Ph.D; Larry Bumpass, Ph.D; Charles F. Westoff, Ph.D; John G. Kantner, Ph.D; Ronald Freedman, Ph.D; Samuel Preston, Ph.D, Plaintiffs, v. M. Peter McPHERSON, Administrator of the Agency for International Development (AID) and Director of the International Development Cooperation Agency; Jay Morris, Deputy Administrator for AID; Richard R. Miller, Former Chairman of the Communications Review Board for AID, and his successor in office; and Walter Rockwood, Mary Beth Bloomberg, Dee Ann Smith, Kate Semerad, Don Thieme, Doug Trussell, and Beth Hogan, Members of the Communications Review Board for AID, and their successors in office; George F. Shultz, Secretary of State; David A. Stockman, Director of the Office of Management and Budget, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 17, 1986.


Attorney(s) appearing for the Case

Janet Benshoof, American Civil Liberties Union, New York City (Rachael Pine, American Civil Liberties Union, New York City, Steven Shapiro, Madeline Kochen, New York Civil Liberties Union, New York City, William Josephson, Pam Jarvis, Fried, Frank, Harris Shriver & Kampelman, New York City, on the brief), for plaintiff-appellant.

Paula A. Sweeney, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Jane E. Booth, Asst. U.S. Atty., on the brief), for defendants-appellees.

Before MANSFIELD, NEWMAN and CARDAMONE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal from a judgment of the District Court for the Southern District of New York (Charles S. Haight, Jr., Judge) concerns a challenge to the denial of public funding by the Agency for International Development (AID) for the private publication of a scientific journal. Funding was denied partly because the journal included two articles that were construed by AID personnel as advocating abortion. The lawsuit ended with the entry...

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