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United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland, 467 F. Supp. 990 (W.D. Wis. 1979), was a lawsuit brought against The Progressive magazine by the United States Department of Energy (DOE) in 1979. A temporary injunction was granted against The Progressive to prevent the publication of an article written by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954.

Although the case was filed in the Western District of Wisconsin, the judge there recused himself as a friend of the magazine. The case was therefore brought before Judge Robert W. Warren, a judge in the Eastern District of Wisconsin. Because of the sensitive nature of information at stake in the trial, two separate hearings were conducted, one in public, and the other in camera. The defendants, Morland and the editors of The Progressive, would not accept security clearances, as they would have had to sign non-disclosure agreements that would have put restraints on their free speech (including, significantly, in written form), and so were not present at the in camera hearings. Their lawyers did obtain clearances so that they could participate, but were forbidden from conveying anything they heard there to their clients.

The article was eventually published after the government lawyers dropped their case during the appeals process, calling it moot after other information was independently published. Despite its indecisive conclusion, law students still study the case, which "could have been a law school hypothetical designed to test the limits of the presumption of unconstitutionality attached to prior restraints". (Full article...)

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Credit: Ed Westcott
6994-1 DOE photo Ed Westcott 6-9-1951 Oak Ridge Tennessee

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Ernest Orlando Lawrence (August 8, 1901 – August 27, 1958) was an American nuclear physicist and laureate of the Nobel Prize in Physics in 1939 for his invention of the cyclotron. He is known for his work on uranium-isotope separation for the Manhattan Project, as well as for founding the Lawrence Berkeley National Laboratory and the Lawrence Livermore National Laboratory.

A graduate of the University of South Dakota and University of Minnesota, Lawrence obtained a PhD in physics at Yale in 1925. In 1928, he was hired as an associate professor of physics at the University of California, Berkeley, becoming the youngest full professor there two years later. In its library one evening, Lawrence was intrigued by a diagram of an accelerator that produced high-energy particles. He contemplated how it could be made compact, and came up with an idea for a circular accelerating chamber between the poles of an electromagnet. The result was the first cyclotron.

Lawrence went on to build a series of ever larger and more expensive cyclotrons. His Radiation Laboratory became an official department of the University of California in 1936, with Lawrence as its director. In addition to the use of the cyclotron for physics, Lawrence also supported its use in research into medical uses of radioisotopes. During World War II, Lawrence developed electromagnetic isotope separation at the Radiation Laboratory. It used devices known as calutrons, a hybrid of the standard laboratory mass spectrometer and cyclotron. A huge electromagnetic separation plant was built at Oak Ridge, Tennessee, which came to be called Y-12. The process was inefficient, but it worked.

After the war, Lawrence campaigned extensively for government sponsorship of large scientific programs, and was a forceful advocate of "Big Science", with its requirements for big machines and big money. Lawrence strongly backed Edward Teller's campaign for a second nuclear weapons laboratory, which Lawrence located in Livermore, California. After his death, the Regents of the University of California renamed the Lawrence Livermore National Laboratory and Lawrence Berkeley National Laboratory after him. Chemical element number 103 was named lawrencium in his honor after its discovery at Berkeley in 1961. (Full article...)

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