WASHINGTON, Nov. 27, 2006

High Court Rules Against New York Times

Supreme Court Turns Down Paper In Leak Investigation, Refuses To Block Government's Review Of Records

  • New York Times reporter Judith Miller, right, leaves U. S. District Court in Washington with her attorney, Robert Bennett, on Oct. 12, 2005. The Supreme Court ruled against The New York Times on Nov. 27, 2006, refusing to block the government from reviewing telephone records of Miller and another Times reporter in a leak investigation concerning a terrorism-funding probe.

    New York Times reporter Judith Miller, right, leaves U. S. District Court in Washington with her attorney, Robert Bennett, on Oct. 12, 2005. The Supreme Court ruled against The New York Times on Nov. 27, 2006, refusing to block the government from reviewing telephone records of Miller and another Times reporter in a leak investigation concerning a terrorism-funding probe.  (AP)

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(CBS/AP)  The Supreme Court ruled against The New York Times on Monday, refusing to block the government from reviewing telephone records of two Times reporters in a leak investigation concerning a terrorism-funding probe.

The one-sentence order came in a First Amendment battle that involves stories written in 2001 by Times reporters Judith Miller and Philip Shenon. The stories revealed the government's plans to freeze the assets of two Islamic charities, the Holy Land Foundation and the Global Relief Foundation.

U.S. Attorney Patrick Fitzgerald is trying to track down the reporters' confidential sources for the stories. Fitzgerald's spokesman, Randall Samborn, declined to comment on the Supreme Court's order.

The case marks the second refusal by the court in as many years to sort out a clash between the federal government and the Times over press freedom.

In June 2005, the Supreme Court refused to take up the Times' request to hear an appeal in the CIA leak investigation involving the outing of Valerie Plame. In that case, Miller, who retired from the Times a year ago, spent 85 days in jail before agreeing to testify before a federal grand jury. Fitzgerald, in a role as a special counsel, conducted that leak investigation as well.

Monday's rejection "is just further indication that we're getting absolutely nowhere with the court when it comes to protecting confidential sources," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press.

The case points out a growing problem of reporters trying to protect their sources in the information age, press advocates say. Rather than threatening reporters with jail if they don't testify, the government can go through the back door to hunt down confidential sources by amassing phone records and credit-card receipts.

"It's impossible to operate on cash only and face-to-face and do your job as journalists," said University of Minnesota media ethics and law professor Jane E. Kirtley.

Dalglish said protection of phone record confidentiality is among the issues that should be addressed in federal shield law legislation she and other media advocates are urging Congress to consider.

In other cases:

  • The Supreme Court pressed both sides in the opening arguments of a case that businesses of all stripes care deeply about: how hard should it be to get evidence that a company might be violating antitrust laws? The case, Bell Atlantic v. Twombly, stems from the deregulation of the telecommunications industry in the 1980s and 1990s, with some experts citing it as the most important antitrust case to reach the Supreme Court in 20 years. The case is being closely watched by numerous companies, including airlines, credit-card issuers and trade associations representing the wireless communications and pharmaceutical industries, all of whom have submitted or signed onto friend-of-the-court briefs.

  • The court decided not to plunge into the issue of school choice, passing up a dispute over a Maine law that bars the use of public funds to send students to private religious schools. A conservative group, the Institute for Justice, had asked the justices to take the case. The group is representing eight Maine families who would receive public tuition funds but for the fact that their children attend religious schools.

  • The court also let stand a ruling that dismissed a $10.1 billion verdict against Philip Morris USA, ending a case that became a windfall for the county where it originated but helped feed its reputation as a "judicial hellhole." In its order Monday, the high court upheld without comment last year's Illinois Supreme Court ruling throwing out the massive fraud judgment against Philip Morris USA, a unit of New York-based Altria Group Inc., in a class-action lawsuit involving "light" cigarettes.

  • The Supreme Court hears arguments this week in a case that could determine whether the Bush administration must change course in how it deals with the threat of global warming. A dozen states as well as environmental groups and large cities are trying to convince the court that the Environmental Protection Agency must regulate, as a matter of public health, the amount of carbon dioxide that comes from vehicles.

    Continued



    ©MMVI, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
    Add a Comment See all 22 Comments
    by agnim November 28, 2006 2:27 PM EST
    "George W Bush's Personal Vendetta Against
    Saddam Hussein,For Alledgedly Trying To "Kill
    My Daddy George H W Bush" since after all,it is
    what is! Or can't the American people handled
    the Truth when they hear it?

    Posted by sandy5274 at 07:03 PM : Nov 27, 2006"

    That is the truth, Sandy; but few Americans can handle the truth.

    Our vengeful 'leader' use the US military as HIS PERSONAL ARMY (and got many Americans murdered and maimed) just so that he could avenge a mere alleged attempt upon his dad.
    Reply to this comment
    by frankly6 November 28, 2006 1:29 PM EST
    If you find bushrocks1 constant spamming of these boards disruptive, just click on "report this comment" below his post and report it.
    Reply to this comment
    by Al Feldzamen November 28, 2006 1:16 PM EST
    Since the founding of the republic, the Supreme Court has recognized the stature of the lone publisher and distributor of the humble pamphlet as as worthy of First Amendment protection as any paid employee of a newspaper. It should follow from this that anyone who "publishes" material on an Internet web page should also receive the same protection.

    Thus, any member of the population at large with a web site could legitimately claim to be a member of the "press" and entitled to that consitutional protection. And thereby, should the advocates of press freedom from court subpoenas and testimony have their way, it would be trivially easy to avoid any prosecutorial attempt to gain testimony, in any criminal case.

    Absurd, no?
    Reply to this comment
    by Al Feldzamen November 28, 2006 1:11 PM EST
    Since the founding of the republic, the Supreme Court has recognized the stature of the lone publisher and distributor of the humble pamphlet as as worthy of First Amendment protection as any paid employee of a newspaper. It should follow from this that anyone who "publishes" material on an Internet web page should also receive the same protection.

    Thus, any member of the population at large with a web site could legitimately claim to be a member of the "press" and entitled to that consitutional protection. And thereby, should the advocates of press freedom from court subpoenas and testimony have their way, it would be trivially easy to avoid any prosecutorial attempt to gain testimony, in any criminal case. Freedom for anyone. Any blogger!

    Absurd, no?

    Reply to this comment
    by Mr_Murder November 28, 2006 6:40 AM EST
    Et tu, Judith? She looks to the cameras, thinking it is all about her. All about the drama queen of the Tigris. She was going to be Queen of the new Iraq, just ask Ahmed Chalabi.

    Things will be rolling fast now, this leads directly to the Veep and Secretary of State, then NSA. Rumsfeld is not bound by executive privlege and announced his resignation before he can be held to oath in committee for other malfaesances.

    The grand jury may get an extension for that very fact before it's all said and done.

    Zelikow may fall under the same scrutiny and it might be why he also resigned...
    Reply to this comment
    by themooniac November 28, 2006 12:43 AM EST
    Personally, I think CBS will continue to let Bushrocks post his weird "Jacobite" post as long as he wants. I've been reporting this strange cut and paste drivel for at least a week....It's a post about as enlightening as an infomercial...." my past life as a Jacobite" Hmmmmmm...Maybe Bushrocks is really Shirley Maclaine.
    Reply to this comment
    by tinker3478 November 28, 2006 12:20 AM EST
    You're good!
    Reply to this comment
    by frankly6 November 28, 2006 12:10 AM EST
    Tinker3478

    I think you've overestimated him. I think he's young because what he's doing is imature. He's not intelligent because he can't defend his ideas. He spends most of his time looking at porn and posting the same message over and over on this forum. Both of these are very ************ activities as they involve no real exchange. Which brings me to my next point: he's lonely, pathetic, powerless and paranoid.
    Reply to this comment
    by frankly6 November 28, 2006 12:03 AM EST
    If you find the posting and re-posting of the same message by Bushrocks1 pointless and counterproductive, just click on "report this comment" below his post and report it.
    Reply to this comment
    by tinker3478 November 27, 2006 11:51 PM EST
    Let's see if we can profile ****rocks, shall we? He is a white male between the ages of 45 and 60. Obviously, he is educated as obnoxious as he may seem. He possibly has a high IQ; it's hard to tell. He probably doesn't have a son since he is so eager for the war to continue. He is disabled and/or unemployed because he can be on these sites any hour of the day or night. Because he has a computer with internet service, someone in the household works-either a wife or girlfriend. He is evidently impotent and feels the need to vent his frustration on the rest of the world.

    How am I doing so far?
    Reply to this comment
    by bushrocks1 November 27, 2006 11:16 PM EST
    Since NBC is calling that Idiot in the White
    House George W Bush & Vice Idiot *** Cheney
    Mess in Iraq,A "Civil War" and so why tip toe
    around about this and call it exactly what it
    is,"George W Bush's Personal Vendetta Against
    Saddam Hussein,For Alledgedly Trying To "Kill
    My Daddy George H W Bush" since after all,it is
    what is! Or can't the American people handled
    the Truth when they hear it?
    Posted by sandy5274 at 07:03 PM : Nov 27, 2006
    Reply to this comment
    by tinker3478 November 27, 2006 11:10 PM EST
    Good for you. Some of the bloggers only log on to spew their hate for everyone and everything. It is impossible to have an intelligent conversation because of people like bushie. If CBS doesn't act, one thing we can do to bushie and people like him is to act as if they never posted and go on with our conversation without responding to ANYTHING they post.
    Reply to this comment
    by November 27, 2006 11:03 PM EST
    To All: I have contacted CBSNEWS.COM via phone and email regarding bushrocks1 with the following message: For the past couple weeks now we (the bloggers) have complained about an individual that constantly cuts and pastes the very same very lengthy line, a very very long line, it can be found in every subject area of CBSnews.com whether it pertains to the subject or not, his post starts with: "Would I send my son to this war" This is called spamming or text flooding, clearly against your very own terms of service/rules for engagement. His user name is bushrocks1 if you allow this to continue I will urge my fellow bloggers to boycott CBS altogether. Thanks in advance....I have also asked for a ban on his IP address or the entire sub net in his area
    Reply to this comment
    by frankly6 November 27, 2006 10:11 PM EST
    If you find the pointless posting and re-posting of the same message by Bushrocks1 annoying, just click on report this comment below his post and report it.
    Reply to this comment
    by zeekylord November 27, 2006 7:51 PM EST
    Ummm... what's a hoax?

    That we as a species could be the complete undoing of our environment?

    Don't underestimate us. Like Agent Smith said in the Matrix:

    "Every mammal on this planet instinctively develops a natural equilibrium with the surrounding environment, but you humans do not. You move to an area, and you multiply, and multiply, until every natural resource is consumed. The only way you can survive is to spread to another area. There is another organism on this planet that follows the same pattern. A virus. Human beings are a disease, a cancer of this planet, you are a plague..."

    Unless we turn away from fossil fuels, we will destroy everything we work for.

    New Yorkers will have to visit Ground Zero underwater. The Bay Area of San Francisco will be a marine sanctuary. Walt Disney World will have to expand the 20,000 Leagues Under The Sea ride to encompass the entire park. The red light district in Amsterdam will have mermaid hookers.

    This is no hoax. This is reality.
    Reply to this comment
    by bluestardad November 27, 2006 6:40 PM EST
    Hoax
    Reply to this comment
    by kep1214 November 27, 2006 5:03 PM EST
    yes, as zeekylord said, we SHOULD panic. This is a serious situation nothing short of global suicide and being the mother of 2 little baby girls my heart just BREAKS to think of what they will have to face. And our fearless leader, George Bush? How many ways can he help to destroy our planet???? Are we really going to stand around while the very last shreds of our planet get destroyed?? It is truly pathetic especially since there are alternative, sustainable and clean energy solutions out there if only our politicians would commit. I mean, don't they love their children, too???? And I'll tell you why can't we use the sun, water and wind for energy...because no one owns them so no one can make money from them. so so so sad. And he calls himself a Christian?? I really don't think God wants us to destroy his beautiful creation, which, of course, would mean destroying ourselves.
    Reply to this comment
    by kep1214 November 27, 2006 4:59 PM EST
    yes, as zeekylord said, we SHOULD panic. This is a serious situation nothing short of global suicide and being the mother of 2 little baby girls my heart just BREAKS to think of what they will have to face. And our fearless leader, George Bush? How many ways can he help to destroy our planet???? Are we really going to stand around while the very last shreds of our planet get destroyed?? It is truly pathetic especially since there are alternative, sustainable and clean energy solutions out there if only our politicians would commit. I mean, don't they love their children, too???? And I'll tell you why can't we use the sun, water and wind for energy...because no one owns them so no one can make money from them. so so so sad. And he calls himself a Christian?? I really don't think God wants us to destroy his beautiful creation, which, of course, would mean destroying ourselves.
    Reply to this comment
    by sjc_1 November 27, 2006 4:38 PM EST
    It is just good policy to use as little finite fossil fuel as we can, while keeping a good standard of living. If hybrids, E10, wind, solar, biomass and other alternatives can help us do this, great!
    Reply to this comment
    by clestes-2009 November 27, 2006 4:32 PM EST
    About time!
    Reply to this comment
    See all 22 Comments
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