“ They thus raise questions touching the responsibilities and immunities of those engaged in the public service, particularly high officers, and the rightful demands of the Government and the public upon those serving it. These are delicate problems; their solution is bound to have far-reaching import. Adjudication of such problems, certainly by way of resort to a discretionary declaratory judgment, should rest on an adequate and full-bodied record. ”

“ The District Court dismissed the complaint on the merits, 177 F.Supp. 601. The Court of Appeals (one judge dissenting) , agreeing with the District Court that the defendant had, as to his uncopyrighted speeches, the commonlaw rights of an author, held that he had forfeited his rights by reason of their 'publication'; as to his copyrighted speeches, that court remanded the case to the District Court for determination of the extent to which 'fair use' was open to the plaintiff. ”

“ So fragile a record is an unsatisfactory basis on which to entertain this action for declaratory relief.
Accordingly, the judgment of the Court of Appeals is vacated, with direction to return the case to the District Court for disposition not inconsistent with this opinion. It is so ordered. ”