ELR Citation: ELR 20057
No(s). 71-909 (U.S. Jan 22, 1973)

The Supreme Court reverses a judgment of the United States Court of Appeals for the District of Columbia Circuit, in a suit brought under the Freedom of Information Act of 1966, to compel disclosure of nine documents concerning underground nuclear tests. The Court concludes that (1) exemption one does not permit either disclosure or in camera inspection of documents marked for secrecy, and (2) exemption five does not require that otherwise confidential interagency or intraagency memorandums be made totally available for in camera inspection if there are other means to demonstrate the propriety of witholding them.

Counsel for Plaintiffs
Ramsay Clark
Paul, Weiss, Rifkind, Wharton & Garrison
1775 K Street, NW
Washington, DC 20006

Counsel for Defendants
Roger C. Cramton Assistant Attorney General
Department of Justice
Washington, DC 20530

MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.