Bonura v. Cbs, Inc, A-622
| Decision Date | 16 January 1983 |
| Docket Number | No. A-622,A-622 |
| Citation | 103 S.Ct. 665,459 U.S. 1313,74 L.Ed.2d 592 |
| Parties | Dale BONURA, et al., Applicants v. CBS, INC., et al |
| Court | U.S. Supreme Court |
Justice WHITE, in-chambers.
There is no doubt that as Circuit Justice I have the power to set aside the stay issued by the Court of Appeals in this case. Only the weightiest considerations, however, would warrant such action by a Circuit Justice. New York v. Kleppe, 429 U.S. 1307, 1310, 97 S.Ct. 4, 5, 50 L.Ed.2d 38 (MARSHALL, J., in chambers); O'Rourke v. Levine, 80 S.Ct. 623, 624, 4 L.Ed.2d 615, 616 (Harlan, J., in chambers).
I have examined the transcript of the hearing held by the District Judge at 8:30 p.m. on January 15, 1983 in New Orleans, the order issued after the hearing forbidding the broadcast by CBS in the Dallas area of a particular segment of a designated program, the order issued by a divided panel of the Court of Appeals staying the District Court's order, and the application to me to vacate the stay of the Court of Appeals. I am not myself convinced that the Court of Appeals was in error in issuing the stay; and I do not think that if the application were before the full court, five Justices would vote to vacate the stay. Accordingly, I deny the application to vacate the stay.
To continue reading
Request your trial
-
Shepard v. National Labor Relations Board
... ... , Warehousemen and Helpers of America (Santini Brothers, Inc.), 208 NLRB 184, 201 (1974). In the present case, however, ... ...
-
Capital Cities Media, Inc v. Toole, A-1070
...419 U.S. 1301, 1305, 95 S.Ct. 1, 3, 42 L.Ed.2d 17 (1974) (POWELL, Circuit Justice). See also Bonura v. CBS, Inc., --- U.S. ----, 103 S.Ct. 665, 74 L.Ed.2d 592 (1983) (WHITE, Circuit Justice). I address first the ¶ 2 provision, which on its face permanently restrains publication of the names......
-
U.S. v. McKenzie
...Justice White and, thereafter, Chief Justice Burger declined to vacate this Court's second stay order. Bonura v. CBS, Inc., 459 U.S. 1313, 103 S.Ct. 665, 74 L.Ed.2d 592 (White, Circuit Justice, 1983); Bonura v. CBS, Inc. (Burger, C.J., Jan. 16, 1983) On January 16, 1983, CBS broadcasted the......
-
v. Smith
...of appeals ordinarily has a greater familiarity with the facts and issues in a given case. See Bonura v. CBS, Inc., 459 U.S. 1313, 103 S.Ct. 665, 74 L.Ed.2d 592 (1983) (WHITE, J., in chambers); O'Connor v. Board of Education, 449 U.S. 1301, 1304, 101 S.Ct. 72, 73-74, 66 L.Ed.2d 179 (1980) (......