Federal Reporter Third Series

“ While the grammar of this text can be faulted, its meaning is clear: the public is protected under the Paperwork Reduction Act from paperwork regulations not issued in compliance with the Act, only when those regulations dictate that a person maintain information for an agency or provide information to an agency. By its very terms, the statute's enforcement mechanism does not apply to rules which require disclosure to a third party rather than to a federal agency. ”

“ The law is not established, at least it has not been so declared, that reports can be private property. Essentially, their contents are public property. The knowledge of the decisions of courts should not be confined. It is consistent with the views of this court, that copies of their opinions should be multiplied to any extent, and in any form required. Publicity is the very thing required.
4. The reporter is a public officer, and his duty, by law, is, to publish. He has no liberty to keep back the matter which he collects and prepares, in the performance of his official duties. ”

“ A daily reading of responsible newspapers quickly discloses abundant examples of careful selectivity in the release of information by government officials, can scarcely be denied. Indeed scholars, journalists, and the American public are becoming increasingly dependent upon the release of information by the federal government for their interpretation of recent historical and current events. ”

“ With the enormous increase in criminal cases, reporters are often unable to keep up with the demand for transcripts and at the same time continue with regular reporting. Some reporters fail to make adequate arrangements for stenographers to transcribe their notes, which can be done by someone other than the reporter. ”

“ The findings of the District Court, which this court has not modified, criticised, or overruled, establish beyond cavil that, despite the fact that AP was early in the field and has grown to great size, many other reporting agencies have been established, and grown in the United States, two of which, UP and INS, are now comparable to AP 'in size, scope of coverage and efficiency.' Additional agencies which furnish substantial news reporting services in the nation total between twenty and thirty. ”

“ The Court has already heard testimony from numerous eyewitnesses to the briefing. The Court has also heard testimony from an FBI agent who testified with the assistance of notes made during the briefing and another agent who testified from notes made within a short period of the briefing. Any testimony the reporter could offer would be merely cumulative and less than the best evidence available. There plainly are alternative means to obtain information about the briefing and the testimony of the reporter would be far less than necessary to a fair resolution of this case. ”

“ It is not, of course, always the case that information lawfully acquired by the press is known, or accessible, to others. But where the government has made certain information publicly available, it is highly anomalous to sanction persons other than the source of its release. ”

“ I am not interested in pleading for any special right of access to government information for newspapers or reporters. As vital as their function is, newspapers, magazines, television and radio for the most part merely provide an orderly process for disseminating information about government to the people who do not have the time, money, or technical facility to acquire the information for themselves. Transmitting information gathered at a government press conference or through a government press release does not necessarily answer the people’s right to know. ”

“ The Freedom of Information Act, as amended, now generally requires that agencies publish in the Federal Register their substantive rules of general applicability, statements of general policy, and interpretations of law that are generally applicable and both formulated and adopted by the agency (5 U.S.C. 552 (a) (1) (D) ) . The Freedom of Information Act also generally prohibits an agency from adversely affecting a person with a rule or policy that is not so published, except to the extent that the person has actual and timely notice of the terms of the rule or policy (5 U.S.C. 552 (a) (1) ) . ”

“ First, Cooper’s own article noted that the conduct of the officials involved an attack on an administration critic, not whistleblowing. Second, at a time when journalists seek a reporter’s privilege akin to the attorney-client privilege, they ought recognize that an attorney can be compelled to testify if his client communicates to the attorney for the purpose of committing a crime or fraud (or where the client waives the privilege) . Third, journalists are not entitled to promise complete confidentiality – no one in America is. ”

“ This case however, is not controlled by this line of cases but rather by the equally well-established line of decisions holding that generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news. As the cases relied on by respondents recognize, the truthful information sought to be published must have been lawfully acquired. The press may not with impunity break and enter an office or dwelling to gather news. ”

“ If security clearances cannot be obtained promptly, personnel in the Executive Branch having the necessary clearances may be temporarily assigned to assist the court. If a proceeding is required to be recorded and an official court reporter having the necessary security clearance is unavailable, the court may request the court security officer or the attorney for the government to have a cleared reporter from the Executive Branch designated to act as reporter in the proceedings. ”

“ United States v. L Griffin 1 F.3d 1244 (1993) Pride v. Holden 1 F.3d 1244 (1993) Nobles v. Hoffman 1 F.3d 1244 (1993) Medley v. United States 1 F.3d 1244 (1993) Montgomery v. Stanley-Bostitch Incorporated 1 F.3d 1244 (1993) United States v. Claros 1 F.3d 1244 (1993) American Coating Technology Inc v. American Agency Inc L 1 F.3d 1244 (1993) Majko v. E Pearson R 1 F.3d 1244 (1993) Leibowitz v. United States 1 F.3d 1244 (1993) Cannaday v. Gibas 1 F.3d 1244 (1993) Jung v. Immigration and Naturalization Service 1 F.3d 1244 (1993) Jackson v. B Gramley W 1 F.3d 1244 (1993) United States v. ”

“ It is argued that the content of advertising is one of the factors which may be considered, and there is evidence that the Commission itself has on occasion so interpreted its authority. [9] Further, the United States argues that the Commission has the authority to promulgate general regulations concerning the subject of advertising for the guidance of broadcasters. See Federal Communications Comm'n v. American Broadcasting Co., 347 U.S. 284, 289-290, 74 S.Ct. 593, 98 L.Ed. 699. This grant of federal power, it is argued, is sufficient to oust state regulation of radio advertising. ”

“ The press, in fact, 'serves one of the most vital of all general interests: the dissemination of news from as may different sources, and with as many different facets and colors as is possible. That interest is closely akin to, if indeed it is not the same as, the interest protected by the First Amendment; it presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. ”

“ Public access to these reports is a logical outgrowth to promote transparency since the FAC is a central repository of all reports and beginning in 2008 reports are filed in an electronic format. A current concern with the FAC making the reports publicly available on-line is a report may inadvertently include personally identifiable information (PII) . While the reports are currently subject to the Freedom of Information Act, the FAC sends all FOI requests to the Federal Cognizant agency who is responsible to review, redact as necessary, and send to the requestor. ”

“ Although en banc review is “not favored,” Fed. R. App. P. 35 (a) , and although all three panel members agreed on the result in this case—i.e., that two subpoenaed reporters can be compelled to give grand jury testimony—petitioners seek reconsideration of three issues: their assertion of a common law privilege under Federal Rule of Evidence 501; their claim to First Amendment protection; and their due process challenge to the district court’s use of ex parte evidence. ”

“ The Act prohibits any federal agency from adopting regulations which impose paperwork requirements on the public unless the information is not available to the agency from another source within the Federal Government, and the agency must formulate a plan for tabulating the information in a useful manner. Agencies are also required to minimize the burden on the public to the extent practicable. ”

“ If federal factfinding is to be avoided, then, in addition to providing a court judgment on the constitutional question, the State must also ensure that its procedures are adequate for the purpose of finding the facts. ”

“ The evidence respecting them is seen by every one, and is in its nature conclusive.
In excluding various articles from the mail, the object of Congress has not been to interfere with the freedom of the press, or with any other rights of the people ”

“ We think that the statutory scheme for review, within the selective service system, of exemptions claimed by conscientious objectors entitles them to no guarantee that the FBI reports must be produced for their inspection. We think the Department of Justice satisfies its duties under § 6 (j) when it accords a fair opportunity to the registrant to speak his piece before an impartial hearing officer; when it permits him to produce all relevant evidence in his own behalf and at the same time supplies him with a fair re sume of any adverse evidence in the investigator's report. ”

“ The defendants contend that the reporter's privilege does not apply to this case because Mr. Robinson has been subpoenaed regarding a book he is writing for his own personal gain and not for The Washington Post. The Court must reject any distinction on such grounds. First, the fact that the news gathering is conducted for financial gain is irrelevant. Reporters normally receive salaries for their news gathering efforts, Such financial gain does not taint the importance of the services to our cherished first amendment goals. ”

“ Nor can the courts be said to discriminate where they permit the newspaper reporter access to the courtroom. The television and radio reporter has the same privilege. All are entitled to the same rights as the general public. The news reporter is not permitted to bring his typewriter or printing press. When the advances in these arts permit reporting by printing press or by television without their present hazards to a fair trial we will have another case.
Court proceedings are held for the solemn purpose of endeavoring to ascertain the truth which is the sine qua non of a fair trial. ”

“ Whenever any movement is on foot for the securing of legislation desired by the predatory interests, or when restraining legislation is threatened, news bureaus are established at Washington, and these news bureaus furnish to such papers as will use them free reports, daily or weekly as the case may be, from the national capitol—reports which purport to give general news, but which in fact contain arguments in support of the schemes which the bureaus are organized to advance. ”

“ Current FBI policy, which should be the policy for all law enforcement agencies, is that the news media may not accompany agents during raids and will not be given advance notice of such operations. Operations which depend upon surprise should never be disclosed in advance to anyone without both a legitimate law enforcement need to know about the operation and a commensurate obligation not to disclose the information. ”

“ The parties are in the keenest competition between themselves in the distribution of news throughout the United States; and so, as a rule, are the newspapers that they serve, in their several districts.
Complainant in its bill, defendant in its answer, have set forth in almost identical terms the rather obvious circumstances and conditions under which their business is conducted. The value of the service, and of the news furnished, depends upon the promptness of transmission, as well as upon the accuracy and impartiality of the news ”

“ The procedure adopted by the State envisions that a full judicial hearing will be held on the obscenity issue. Finally, the federal system makes it highly unlikely that the citizenry of one State will be unaware of the kind of material that is being restricted by its own government when there is great divergence among the policies of the various States and a high degree of communication across state lines. ”

“ Unless Congress explicitly discloses such an intention we should not lightly attribute to it a desire to withhold from a reviewing court the power to save the public interest from injury or destruction while an appeal is being heard. To do so would stultify the purpose of Congress to utilize the courts as a means for vindicating the public interest. Courts and administrative agencies are not to be regarded as competitors in the task of safeguarding the public interest. United States v. Morgan, 307 U.S. 183, 190, 191, 59 S.Ct. 795, 799, 83 L.Ed. 1211; Federal Communications Commission v. ”