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Constitutional Law Keyed to Choper
United States v. Progressive, Inc.
Citation:
467 F. Supp. 990 (W.D. Wis. 1979)Facts
Howard Morland, a freelance writer specializing in energy and nuclear weapons issues, wrote an article for The Progressive magazine titled “The H-Bomb Secret: How We Got It, Why We’re Telling It.” The article contained technical information about the design and operation of hydrogen bombs. Before publishing, the magazine sent the article to the Department of Energy for verification of technical accuracy. DOE officials determined the article contained “Restricted Data” as defined by the Atomic Energy Act that had not been declassified. The government contacted the magazine, informing them that publication would violate the Atomic Energy Act and requesting they refrain from publishing. When the magazine indicated its intention to proceed with publication, the government filed suit seeking an injunction. The government argued that while some information in the article was publicly available, the article synthesized this information in a way that revealed concepts vital to hydrogen bomb operation that had never been disclosed together, potentially accelerating nuclear proliferation.
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