The Progressive H-bomb case (briefly mentioned in class, but
not assigned in reading) (W.D. Wis. 1979): At least one court has
interpreted New York Times v. U.S. to permit an injunction against
publication of newsworthy information if a statute authorizes such an
injunction, and if the danger is sufficiently compelling. In U.S. v.
Progressive, Inc., a federal district court enjoined a magazine from
publishing an article containing technical info. about the H-bomb.
The court felt that these materials could pose a direct threat to
national security by possibly allowing a medium-size nation to
develop an H-bomb. This case was not reviewed because, before the
appeal could be heard, the government’s attempt to get a permanent
injunction against it was dropped, since the info. about the H-bomb
had been published elsewhere.
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