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United States v. The Progressive, Inc.

467 F. Supp. 990 (1979)

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United States v. The Progressive, Inc.

United States District Court for the Western District of Wisconsin

467 F. Supp. 990 (1979)

Facts

The Progressive (defendant), a magazine, produced an article called “The H- Bomb Secret; How We Got It, and Why We're Telling It” that described how hydrogen bombs worked. The government (plaintiff) filed for a preliminary injunction to stop the Progressive from publishing technical portions of the article, arguing that publication would threaten national security. The Progressive argued that the article would educate the public about nuclear weapons. The district court held that publication of the article did pose a threat to national security and would likely violate the Atomic Energy Act, which prohibits the communication of any restricted data with reason to believe the information would be used to harm the United States or benefit a foreign nation. The Progressive appealed.

Rule of Law

Issue

Holding and Reasoning (Warren, J.)

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