The Atlanta Journal-Constitution, USA TODAY and The New York Times sued on First Amendment grounds. A federal judge issued an injunction blocking the policy, but an appeals court overturned a part of that decision and remanded the case to the lower court. In a ruling Dec. 2, U.S. District Judge Richard W. Story ordered the three newspapers to pay the city nearly $350,000 in back rent and interest for news racks. However, he also ordered the city to pay the three newspapers $1.35 million in attorneys’ fees and expenses.
The newspaper last Friday filed a motion to stop the Article 32 hearing into the death of Maj. Gen. Abed Mowhoush at the Qaim detention facility last year. Steven Zansberg, an attorney for The Post, said the appellate court's halting of the proceedings - and previous military court cases - makes this an important ruling.
"It is evident that the Op-Ed pieces highlighting the perceived shortcomings of the FBI are not reasonably read as accusing Hatfill of actually being the anthrax mailer," Hilton wrote. "The principle that an accurate report of ongoing investigation or an allegation of wrongdoing does not carry the implication of guilt has long been recognized . . . and it is mandated by the First Amendment."