In a case involving an application by the New York Times Company to access sealed wiretap applications relating to the investigation of the prostitution ring once patronized by former Governor of New York Elliot Spitzer, an order granting the application is reversed where: 1) the Times has not shown good cause under Title III of the Omnibus Crime Control and Safe Streets Act to unseal wiretap applications, orders, and related documents authorized as part of the government's investigation of the prostitution ring; and 2) the Times does not have a First Amendment right to gain access to wiretap applications under the history and logic approach or the public attendance approach.
Appeal from the United States District Court for the Southern District of New York.
Argued: June 16, 2009
Decided: August 7, 2009
Before WINTER, CABRANES, and HALL Circuit Judges.
Opinion by CABRANES, Circuit Judge.
For Appellant: DANIEL L. STEIN, Assistant United States Attorney, New York, NY,