United States v. Victor L. Marchetti, (Two Cases)

HAYNSWORTH, Chief Judge:

The question for decision is the enforceability of a secrecy agreement exacted by the government, in its capacity as employer, from an employee of the Central Intelligence Agency. Marehetti contends that his First Amendment rights foreclose any prior restraint upon him in carrying out his purpose to write and publish what he pleases about the Agency and its operations. Relying on a secrecy agreement signed by Marehetti when he became an employee of the Agency and on a secrecy oath signed by Marehetti when he resigned from the Agency, the District Court ordered…