United States v. The Progressive
United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland (467 F. Supp. 990) is the name of a lawsuit against the magazine The Progressive by the U.S. government (specifically the United States Department of Energy) in 1979. A temporary injunction was granted against The Progressive in order to prevent the publication of an article by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. Though the information was compiled from public domain sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954.
Because of the nature of the information at stake in the trial, two separate trials were conducted, one in public, and the other in camera. The defendants (Morland and the editors of The Progressive) would not accept security clearances (which would put restraints on their free speech), and so were not present at the in camera hearings. Their lawyers did accept clearances so that they could participate in the trial, but were forbidden from conveying the information to their clients.
The article was eventually published after the government dropped their case during the appeals process, calling it moot after other information was independently published, though many observers at the time thought it was because it was becoming clear their arguments were not being well received by the judges and they were afraid that the Atomic Energy Act might be ruled as unconstitutional.
A detailed account of the case and the events leading up to it was published by four nuclear scientists who participated in the public and in-camera trials and their preparation.[1]
[edit] See also
- Teller–Ulam design – the "secret", along with a brief account of the case
- Prior restraint – esp. section on the hydrogen bomb cases
- New York Times Co. v. United States - a related "prior restraint" case
[edit] References
- ^ Devolpi, A.; Marsh, Gerald E.; Postol, T.A.; Stanford, G.S. (1981). Born Secret: The H-Bomb, the Progressive Case and National Security. New York: Pergamon Press. ISBN 0-08-025995-2.
[edit] Bibliography
- Erwin Knoll (editor of The Progressive), The H-Bomb and the First Amendment, 3 Wm. & Mary Bill Rts. J. 705 (1994)
- Ian M. Dumain, No Secret, No Defense: United States v. Progressive, 26 Cardozo L. Rev. 1323 (2004)
- Lucas A. Powe, The H-Bomb Injunction, 61 U. Colo. L. Rev. 55 (1990)
- Jonathan L. Entin, United States v. Progressive, Inc.: The Faustian Bargain and the First Amendment, 75 Nw. U. L. Rev. 538 (1980)
[edit] External links
- Text of the decision
- Howard Morland on how he discovered the "H-bomb secret" and the subsequent trial.
- The Progressive November 1979 issue – "The H-Bomb Secret: How we got it, why we're telling" (entire issue online).
- In the matter of The Progressive and the 'secret', Bulletin of the Atomic Scientists
