United States Second Circuit

In a case involving an application by the New York Times Company to access sealed wiretap applications relating to the investigation of the prostitution ring once patronized by former Governor of New York Elliot Spitzer, an order granting the application is reversed where: 1) the Times has not shown good cause under Title III of the Omnibus Crime Control and Safe Streets Act to unseal wiretap applications, orders, and related documents authorized as part of the government's investigation of the prostitution ring; and 2) the Times does not have a First Amendment right to gain access to wiretap applications under the history and logic approach or the public attendance approach.

Appellate Information

• Decided 08/07/2009
• Published 08/07/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  WINTER, CABRANES, and HALL Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Daniel L. Stein, Assistant United States Attorney (Lev L. Dassin, Acting United States Attorney, and Jesse M. Furman, Assistant United States Attorney, on the brief), Southern District of New York, New York, NY, for Appellant United States of America., Marc Falcone (Michele Hirshman and James L. Brochin, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Movant and Amicus Curiae Elliot Spitzer.


• For Appellees:
  
• David E. McCraw (Itai Maytal, on the brief), The New York Times Company, Legal Department, New York, NY, for Appellee the New York Times Company.