Esquire Sued by Black Author On Editorial Changes in Article
Date: 07 December 1972
By C. GERALD FRASER
C. FRASER
J Okpaku, black author and pres of Third Press-J Okpaku Publishing Co, on Dec 6 seeks preliminary injunction in Sup Ct to halt pub of Jan '73 issue of Esquire that contains his article which he charges was altered by Esquire's editors, doing 'substantial injustice' to him, to black intellectuals and to his publishing co; says article no longer represents accurate statement on black Amer; Judge G P Culkin tells attys for both parties to submit all additional legal papers by Dec 11 and reserves decision; Esquire's atty H Medina Jr repts subscribers copies of pub have gone out and newsstand distribution has begun; says Esquire will file by Dec 11 affidavits indicating that pub was within its rights in its treatment of article
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ELLSBERG TRIAL TO START TUESDAY; Judge Will Let Prosecution Use Some Contested Data
Date: 08 December 1972
By MARTIN ARNOLDSpecial to The New York Times
US Dist Judge W M Byrne Jr on Dec 7 rules in Pentagon papers case that nearly 100 pages of documents that prosecution wanted to use as its bill of particulars are not admissible; grants Govt right to use several hundred other pages that defense contends are not in original bill of particulars; refuses to postpone trial beyond Dec 12 to allow defense to study documents; Ellsberg's and Russo's defense will be based on fact that though Pentagon papers were classified top secret, information in papers was already in public domain, with newspapers and magazines having printed same information that was in Pentagon papers for several yrs; defense contention is based on 'Heine defense', case tried in '40s involving man named Heine who was charged with espionage for supplying Germany with Amer mil secrets; his defense was that he had only provided information culled out of Amer newspapers and magazines and therefore had not committed acts of espionage; US Appeals Ct Judge L Hand acquitted Heine; Govt in Pentagon papers case will contend that Heine defense does not apply because papers were top secret when they were made public and that they are not culled from data in public domain
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Reporter Who Was Jailed Asks Newsmen's Immunity
Date: 07 December 1972
P J Bridge, former reporter for Newark Evening News who was jailed for refusing to answer questions before grand jury, says on Dec 6 that journalists should be given absolute right not to divulge sources, speech, Natl Press Club luncheon; says 'anything less than absolute immunity is no immunity at all'
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PUBLISHERS SEEKING TERMINATION RULING
Date: 07 December 1972
NYC branch of ANPA, NY Times and NY Daily News on Dec 6 file suit in Fed Ct asking that 'purported termination' by NY Mailers Union Local 6 of its contract with newspapers be declared null; provision in contracts of all 10 newspaper unions, which had original termination date of March 30, '73, specifies that if Fed Govt establishes wage controls and reduces any scheduled increase, union affected shall have right to terminate its agreement 'as of the date such wage increase is to become effective'; J R Schoemer Jr, atty for ANPA, Times and News, says that newspapers interpret language of clause to mean that union has right to terminate only with reference to future increase
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BRAZIL CONTINUES ANTI-RED DRIVE; Political Police Announce Raid on a Party Hideout
Date: 07 December 1972
By MARVINE HOWESpecial to The New York Times
Brazilian police on Dec 6 announce raid on Communist party hideout in Rio; say there will be further disclosures; Jornal do Brasil newsman R Ryff is held briefly; anti-Communist drive was first reptd by Jornal do Brasil, which published what it describes as 'secret int' with man identifed only as Carlos, said to be aide of Communist leader L C Prestes; pol sources, discussing timing of drive, suggest growing struggle within mil regime between right-wing factions and those who would like to see certain liberalization
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Court in Civil Case Backs Right Of Reporter to Withhold Source
Date: 08 December 1972
By ARNOLD H. LUBASCH
Arnold LUBASCH
US Ct of Appeals defends journalist's right to refuse to disclose confidential news source in case of A Balk, author of article on blockbusting in Chicago in 1962; black plaintiffs sought Fed ct order to require Balk to name source to aid their civil case against real estate operators but Fed Dist Judge Bonsai rejected their request and they appealed to Ct of Appeals, which supported lower ct's position
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TV Figure Jailed Briefly
Date: 08 December 1972
H Thornton (WDEF) is jailed on Dec 5 by City Ct Judge T Grant on contempt charge for refusing to name caller to his radio show, who identified himself as member of grand jury and said investigation of former City Ct Judge B Harris was whitewash; is freed 3 hrs after jailing by State Ct of Appeals; vows to fight ruling
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Liberties Union Criticizes Court's Curb on Newsman
Date: 08 December 1972
ACLU NY unit issues statement on Dec 7 criticizing Fed Judge Bartels for ordering NY Daily News reporter R Kapstatter to restrict his coverage of trial of Teamsters Local 295 treas H Davidoff; statement also criticizes reporters and newspapers who compromise defendants' rights by printing inadmissable information
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Connecticut OTB Foes Quiet
Date: 08 December 1972
Conn State Gaming Comm official P Silvergleid says on Dec 7 that lack of turnout for recent series of comm hearings on off-track betting in Conn is an indication that public supports program
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