Jack B. Pfeiffer v. Central Intelligence Agency and United States of America

GINSBURG, Circuit Judge:

As part of his duties as an historian employed by the CIA, Dr. Jack B. Pfeiffer wrote a report dealing with the Agency’s internal investigation of the Bay of Pigs Operation. When he left the CIA Pfeiffer took a copy of that report, which he later asked the Agency to review and clear for publication. When the CIA declined, Pfeiffer brought suit in district court claiming that the Agency’s refusal to undertake such a review operated as a prior restraint upon his right to speak, in violation of the First Amendment to the Constitution of the United States. The United…