United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland is the name of a lawsuit against the magazine
The ProgressiveThe Progressive is an American monthly magazine of politics, culture and progressivism with a pronounced liberal perspective on some issues. Known for its pacifism, it has strongly opposed military interventions, such as the US-led invasion of Iraq in 2003. The magazine also devotes much coverage...
by the U.S. government (specifically the
United States Department of EnergyThe United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
) in 1979. A
temporary injunctionPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
was granted against
The Progressive in order to prevent the publication of an article by activist
Howard MorlandHoward Morland is a United States journalist and activist against nuclear weapons who in 1979 became famous for apparently discovering the "secret" of the hydrogen bomb and publishing it after a lengthy censorship attempt by the Department of Energy...
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"Born secret" and "born classified" are both terms which refer to a policy of information being classified from the moment of its inception, usually regardless of where it was being created, usually in reference to specific laws in the United States that are related to information that describes...
" 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 cameraIn camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases to which the public and press are not admitted...
.
Discussion
Ask a question about 'United States v. The Progressive' Start a new discussion about 'United States v. The Progressive' Answer questions from other users |
United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland is the name of a lawsuit against the magazine
The ProgressiveThe Progressive is an American monthly magazine of politics, culture and progressivism with a pronounced liberal perspective on some issues. Known for its pacifism, it has strongly opposed military interventions, such as the US-led invasion of Iraq in 2003. The magazine also devotes much coverage...
by the U.S. government (specifically the
United States Department of EnergyThe United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
) in 1979. A
temporary injunctionPrior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
was granted against
The Progressive in order to prevent the publication of an article by activist
Howard MorlandHoward Morland is a United States journalist and activist against nuclear weapons who in 1979 became famous for apparently discovering the "secret" of the hydrogen bomb and publishing it after a lengthy censorship attempt by the Department of Energy...
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"Born secret" and "born classified" are both terms which refer to a policy of information being classified from the moment of its inception, usually regardless of where it was being created, usually in reference to specific laws in the United States that are related to information that describes...
" 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 cameraIn camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases to which the public and press are not admitted...
. 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.
See also
- Teller–Ulam design — the "secret", along with a brief account of the case
- Prior restraint
Prior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published...
— esp. section on the hydrogen bomb cases
External links