Morland v. Sprecher, 443 U.S. 709 (1979)

ON MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS

Syllabus

Held: Petitioners’ motion for leave to file a petition for a writ of mandamus to compel the Court of Appeals to expedite their appeal from the District Court’s preliminary injunction restraining petitioners from publishing an article entitled "The H-Bomb Secret: How We Got It, Why We’re Telling It," is denied. Petitioners effectively relinquished whatever right they might otherwise have had to expedited consideration by choosing not to argue to the Court of Appeals for expedited review based on an alleged unconstitutional prior restraint against publication of information subject to First Amendment protection until long after such argument had ripened, and until they had taken close to three months to prepare their own brief on the merits under a briefing schedule ordered by the Court of Appeals to which petitioners had not objected.