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U.S. v. WEINER

Civ. A. No. 88-1817-Mc.

701 F.Supp. 14 (1988)

UNITED STATES of America, Plaintiff, v. Allan H. WEINER, Joseph Paul Ferraro, Randall Ripley a/k/a Randi Steele, Hank Hayes, Richard Hertz, John Hungerford, and John Doe, all d/b/a Radio New York International ("RNI"), Defendants.

United States District Court, D. Massachusetts.

December 13, 1988.

Attorney(s) appearing for the Case

Eileen M. Hagerty, Asst. U.S. Atty., Boston, Mass., for plaintiff.

John Reinstein, Mass. Civil Liberties Union Foundation, Boston, Mass., and Jeremiah Gutman, New York Civil Liberties Union Foundation, New York City, for defendants.

MEMORANDUM AND ORDER OF SUMMARY JUDGMENT

McNAUGHT, District Judge.

On October 17, 1988, a temporary restraining order was issued, enjoining the defendants from broadcasting from the vessel SARAH, which was then located four miles off Long Island, New York. The vessel was described in a news release by a Boston newspaper as a "pirate seagoing rock `n' roll station".

Plaintiff has since moved for summary judgment, insisting that, on the undisputed...

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