In United States v. Progressive, Inc., the United States sought to enjoin the publication of an article describing the operation of thermonuclear devices. The district court concluded that portions of the article constituted "restricted data" and that publication of the article would harm the national security interests of the United States. Pursuant to section 232 of the Atomic Energy Act," the district court issued .a preliminary injunction against the magazine, The Progressive, barring publication of the article. The Progressive appealed, but publication of a letter containing similar information resulted in dismissal of the injunction. This Note will provide an overview of the national security exception to the doctrine of prior restraint in light of the Progressive case.
Trev E. Peterson,
The National Security Exception to the Doctrine of Prior Restraint: United States v. Progressive, Inc., 467 F. Supp. 990 (D. Wis.), appeal dismissed, 610 F.2d 819 (7th Cir. 1979),
60 Neb. L. Rev.
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