William T. Mayo v. U.S. Government Printing Office, an Agency of the Government of the United States of America

William T. Mayo appeals a denial by the district court of a preliminary injunction sought by him against the United States Government Printing Office (the GPO) enjoining the GPO from denying Mayo direct personal access to the GPO’s electronic Federal Bulletin Board containing Supreme Court slip opinions. We affirm the judgment of the district court.

FACTS

According to Mayo’s complaint, he is the systems operator of a public electronic bulletin board service, commonly referred to as The Boundary Line BBS. The Boundary Line specializes in law relating to real estate and carries in electronic format a number of judicial slip opinions. Mayo wants to carry certain real estate-related slip opinions of the United States Supreme Court.

In early 1991, the GPO began to make slip opinions electronically available to all depository libraries, where individuals could access the opinions free of charge. Mayo had difficulty gaining access to the electronic slip opinions at the depository libraries and sought to have the GPO allow him direct electronic access. When the GPO refused Mayo’s FOIA requests for direct access, he initiated this suit. The GPO decided in 1992 that the project…