An application to vacate the Court of Appeals' stay of the
District Court's order forbidding the broadcast by CBS in the
Dallas area of a particular segment of a designated program, is
denied.
JUSTICE WHITE, Circuit Justice.
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 (1976) (MARSHALL, J., in chambers);
O'Rourke v.
Levine, 80 S. Ct. 623, 624, 4 L. Ed. 2d 615, 616 (1960)
(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.
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