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APPLICATION OF DOW JONES & CO., INC.

No. 322, Docket 87-7644.

842 F.2d 603 (1988)

In re Application of DOW JONES & COMPANY, INC., the New York Times Company, CBS Inc., National Broadcasting Company, Inc., New York News Inc., the Associated Press, and Newsday, Inc., Applicants. Appeal of DOW JONES & COMPANY, INC., the New York Times Company, CBS Inc., National Broadcasting Company, Inc., the Associated Press, and Newsday, Inc., Applicants-Appellants. UNITED STATES of America, v. Stanley SIMON, Mario Biaggi, Peter Neglia, John Mariotta, Bernard Ehrlich, Richard Biaggi and Ronald Betso, Defendants, Stanley Simon, Peter Neglia, John Mariotta, Bernard Ehrlich and Richard Biaggi, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 14, 1988.

Attorney(s) appearing for the Case

Robert D. Sack, New York City (Mitchell A. Karlan, Richard J. Tofel, Stuart D. Karle, Gibson, Dunn & Crutcher, New York City, of counsel), for applicant-appellant Dow Jones & Co., Inc.

Deborah R. Linfield, George Freeman, The New York Times Co., Douglas P. Jacobs, CBS Inc., Roberta R. Brackman, Nat. Broadcasting Co., Inc., Nancy A. Brown, Rogers & Wells for The Associated Press, Robert Lloyd Raskopf, Harry Walters, Townley & Updike, New York City, for Newsday, Inc., of counsel, on the brief for applicants-appellants.

Maurice N. Nessen, New York City (Cecilia Loving-Sloane, David Z. Seide, Kramer, Levin, Nessen, Kamin & Frankel, New York City, of counsel), for defendant-appellee Stanley Simon.

Arthur Eisenberg, New York City, on brief for amicus curiae New York Civ. Liberties Union.

Before CARDAMONE, WINTER and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

This is an appeal by news agencies from an order restraining trial participants in a criminal case from speaking with the press. Appellants urge that secrecy of the sort imposed by this "gag" order seriously compromises the right of the press to publish. In this case the district court was faced with what it described as a "shameful abuse of grand jury secrecy," which it concluded was reasonably likely to influence the outcome of defendants...

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