The NATION MAGAZINE (a/k/a The Nation Company, Inc.), Harper's Magazine, In These Times (a/k/a The Institute for Public Affairs, Inc.), Pacific News Service (a/k/a Bay Area Institute, Inc.), The Guardian (a/k/a Institute for Independent Social Journalism, Inc.), The Progressive Magazine (a/k/a The Progressive, Inc.), Mother Jones Magazine (a/k/a Foundation for National Progress, Inc.), The L.A. Weekly (a/k/a Los Angeles Weekly, Inc.), The Village Voice (a/k/a VV Publishing Corporation), The Texas Observer (a/k/a The Texas Observer Publishing Company), Pacifica Radio News (a/k/a The Pacifica Foundation, Inc.) and Sydney H. Schanberg, E.L. Doctorow, William Styron, Michael Klare, and Scott Armstrong, Plaintiffs,
v.
UNITED STATES DEPARTMENT OF DEFENSE, Richard Cheney, Secretary of Defense, Peter Williams, Assistant Secretary of Defense for Public Affairs, General Colin Powell, Chairman of the Joint Chiefs of Staff, George H. Bush, President of the United States and Commander-in-Chief of the Armed Forces of the United States of America, Defendants.
AGENCE FRANCE-PRESSE and Michael Sargent, Plaintiffs,
v.
UNITED STATES DEPARTMENT OF DEFENSE, Richard Cheney, Pete Williams, Assistant Secretary of Defense for Public Affairs, General Colin Powell, Chairman of the Joint Chiefs of Staff, and George H. Bush, President of the United States and Commander-in-Chief of the Armed Forces of the United States, Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
April 16, 1991.
As Amended May 2, 1991.
Attorney(s) appearing for the Case
Siegel, Deale, Stavis, Cole and Ratner, New York City (Franklin Siegel, Frank Deale, Morton Stavis, David Cole, Michael Ratner, of counsel), for Nation Magazine, et al.
Stuart M. Gerson, Asst. Atty. Gen. of the U.S. Civil Div., Dept. of Justice, Washington, D.C. (David J. Anderson, Director, Neil H. Koslowe, Sp. Litigation Counsel, Susan F. Cohen, of counsel), for defendants.
Goldfarb, Kaufman & O'Toole, Washington, D.C. (Joshua J. Kaufman, of counsel), for Agence France-Presse and Michael Sargent.
The Washington Legal Foundation, Washington, D.C. (Daniel J. Popeo, Paul D. Kamenar, Richard A. Samp, Gary M. Greenbaum, of counsel), American Civil Liberties Union, New York City (Steven R. Shapiro, of counsel), amicus curiae.
Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City (Edward Copeland, Nicholas E. Poser, of counsel), amicus curiae, for Fairness & Accuracy in Reporting, Inc.
Brown & Bain, P.A., Tucson, Ariz. (Karen Krasnow Waterman, of counsel), amicus curiae, for Association of Alternative Newsweeklies (AAN) and Journalism Faculty Newsweeklies (Douglas A. Anderson, Ben H. Bagdikian, Todd Gitlin, Tom Goldstein, Bruce D. Itule, Carl Jensen, Michael Norman, Jonah Raskin, Robert Karl Manoff, David Protess, Edmund J. Rooney, Herbert I. Schiller, Mitchell Stephens, Steve Weinberg and Betty Houchin Winfield).
Washington Square Legal Services, Inc., New York City (Laura Sager, of counsel), amicus curiae, for Thirteen Members of Congress (Peter H. Kostmayer, Don Edwards, David E. Bonior, Jim McDermott, Louis Stokes, Lane Evans, Bruce F. Vento, Neil Abercrombie, Jolene Unsoeld, George Miller, Ronald V. Dellums, Barbara Boxer, and Wayne Owens).
United States District Court, S.D. New York.
OPINION
SAND, District Judge.
I. INTRODUCTION AND SUMMARY
This is an action by various members of the press challenging regulations promulgated by the United States Department of Defense ("DOD") to govern coverage of military activities of American armed forces overseas during periods of open hostilities. These regulations, adopted after the Vietnam War, were in effect in some form during the Grenada and Panama military operations. In revised form...
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