declassification under the terms of that Order which provide automatic declassification for documents after twenty years. Sec. 5(B)(1). The automatic declassification provision, however, has an exception for materials "furnished by foreign Governments or international organizations." Id. Plaintiffs contend that some of the documents in question were undoubtedly produced by American forces in the joint command and that the Government has not sustained its burden of proof as to the foreign origin of any of the documents. Leaving aside the question of who bears the burden of proof as to this issue, it is clear that some of the documents were also undoubtedly the product of British members of the joint force. Debate over which side produced which paper, however, would be senseless. The clear import of the exception for materials "furnished by foreign governments or international organizations " is to protect materials in which foreign governments have a valid interest as a result of having originated the materials either independently or jointly. This Court views the Allied Force Headquarters as clearly within the import of "international organizations" in this context.
Plaintiff next argues that since the joint command has long terminated, it no longer has any interest to be protected by classification. That, of course, is true, but misses the point that it is not only the interests of the joint command that are to be protected. The interests of the constituent nations are also the legitimate focus of protection. The British have determined that their interests do not favor disclosure at this time and our President has concurred in their wishes.
The automatic declassification provision thus does not apply.
Plaintiffs raise an argument that because they seek the files for scholarly research which will contribute to the public knowledge and information they are somehow clothed with First Amendment interests in this case. This Court firmly rejects the effort to imply a Constitutional right to disclosure of Government files. The Government has imposed no restraints on Plaintiffs' freedom to research and publish the results of their investigations. The First Amendment cannot be said to impose an affirmative duty on the part of the Government to assist in that research or to disclose Government files. Plaintiffs' interests here are statutory in nature and have been accorded due consideration as such.
Upon the above considerations, and upon consideration of the entire record herein, it is this 1st day of June, 1973.
Ordered, that Plaintiffs' Motion for Summary Judgment be and hereby is denied, and it is
Further ordered, that Defendants Motion for Summary Judgment be and hereby is granted.