Legal Opinion

In Re the Baltimore Sun Company v. The Honorable Clarence E. Goetz, United States Magistrate

Court of Appeals for the Fourth Circuit

Decided September 15, 1989No. 88-3601PublishedCited by 154 opinions

1Opinion of the Court

BUTZNER, Senior Circuit Judge:

The Baltimore Sun Co., a newspaper publisher, appeals the district court’s order denying its petition for a writ of mandamus ordering a magistrate to unseal a search warrant affidavit. The principal issue is whether either the first amendment or the common law confers a qualified right of access to inspect and copy affidavits supporting search warrants in the interval between execution of the warrants and indictment. 1 Subsidiary issues, raised by the government, are whether this appeal is moot and whether mandamus is an appropriate remedy. We hold that the…

2Cases cited13 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  3. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  4. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  5. Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.Supreme Court of the United States · 1984

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3Cited by154 opinions

  1. In re: Murphy-Brown, LLCCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. AppelbaumCourt of Appeals for the Fourth Circuit · 2013
  3. In Re Grand Jury Proceedings, Thursday Special Grand Jury September Term, 1991. United States of America v. Under Seal Under Seal, and Under Seal Under Seal, in Re Grand Jury Proceedings, Thursday Special Grand Jury September Term, 1991. United States of America v. Under Seal Under Seal, and Under Seal Under SealCourt of Appeals for the Fourth Circuit · 1994
  4. State v. CummingsWisconsin Supreme Court · 1996
  5. In Re Newsday, Inc.Court of Appeals for the Second Circuit · 1990

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