In the Matter of the App. of the N.Y. Times. Co. to Unseal Wiretap & Search Warrant Materials, No. 09-0854

In an appeal from a district court order granting an application by a newspaper to access sealed wiretap applications relating to the investigation of a prostitution ring, the order is reversed where: 1) petitioner did not show good cause to unseal the wiretap-related documents pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968; and 2) petitioner did not have a First Amendment right to gain access to wiretap applications.  (Amended opinion)

Read In the Matter of the App. of the N.Y. Times. Co. to Unseal Wiretap & Search Warrant Materials, No. 09-0854

Appellate Information

Argued: June 16, 2009

Decided: August 6, 2009

Amended: August 20, 2009

Judges

Opinion by Judge Cabranes

Counsel

For Appellant:

Daniel L. Stein, Assistant United States Attorney

For Appellee:

David E. McCraw, The New York Times Company, Legal Department, New York, NY

Itai Maytal, The New York Times Company, Legal Department, New York, NY