Everything about United States V The Progressive totally explained
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 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 (including a children's encyclopedia), 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) wouldn't 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.
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