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BARTNICKI v. VOPPER

No. 98-7156.

200 F.3d 109 (1999)

Gloria BARTNICKI and Anthony F. Kane, Jr. v. Frederick W. VOPPER, a/k/a Fred Williams; Keymarket of Nepa, Inc., d/b/a WILK Radio; Lackazerne Inc., d/b/a WGBI Radio; Jane Doe; John Doe; Jack Yocum Frederick W. Vopper, a/k/a Fred Williams; Keymarket of Nepa, Inc., d/b/a WILK Radio; Lackazerne, Inc., d/b/a WGBI Radio; Jack Yocum, Appellants, United States of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided December 27, 1999.

Attorney(s) appearing for the Case

Donald H. Brobst (Argued), Rosenn, Jenkins & Greenwald, L.L.P., Wilkes-Barre, Pennsylvania, for Appellants.

Raymond P. Wendolowski (Argued), Cynthia R. Vullo, Scott C. Gartley, Koff, Wendolowski, Ferguson & Mangan, P.C., Wilkes-Barre, Pennsylvania, for Appellees.

Frank J. Aritz (Argued), Kingston, Pennsylvania, for Appellant, Jack Yocum.

Frank W. Hunger, Assistant Attorney General, David M. Barasch, United States Attorney, Douglas N. Letter, Scott R. McIntosh, Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for Intervenor, United States.

Mark P. Widoff, Pennsylvania State Education Association, Harrisburg, Pennsylvania, Jeremiah A. Collins, John M. West, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Amicus, Pennsylvania State Education Association.

Before: SLOVITER and COWEN, Circuit Judges, and POLLAK, District Judge

OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue is whether the First Amendment precludes imposition of civil damages for the disclosure of portions of a tape recording of an intercepted telephone conversation containing information of public significance when the defendants, two radio stations, their reporter, and the individual who furnished the tape recording, played no direct or indirect role in the interception.

I.

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