In an editorial, the Washington Times says: The New York Times intends to take its case against the Obama administration to the Supreme Court. In July, the 4th U.S. Circuit Court of Appeals sided with administration lawyers in ruling that New York Times reporter James Risen must reveal the confidential sources he used for a series of articles and a 2006 book, “State of War,” about the CIA’s bungled efforts to stop Iran’s nuclear program. On Tuesday, the 4th Circuit refused to change its mind, leaving the Supreme Court with the final say in the matter.
Mr. Risen’s investigative work has assumed new significance now that we’ve learned the breathtaking scope of the National Security Agency collection of telephone calls, emails and GPS location data. Mr. Risen won the 2006 Pulitzer Prize for exposing the existence of a domestic wiretapping program. This was a thin slice of the larger program, but it was a hotly guarded secret at the time. Attorney General Eric H. Holder Jr. personally authorized government agents to go after Mr. Risen in court, which gives his instructions every appearance of payback.
The federal government should never be allowed to engage in vendettas against the press, and this is not special pleading for newspapers. Exposing embarrassing foreign-policy failures and the existence of constitutionally questionable domestic surveillance enterprises is precisely the job of reporters in a free society. The Founding Fathers understood this, which is why the language of the First Amendment plainly says that Congress can’t do anything to abridge the freedom of the press. James Madison explained further that “the liberty of conscience and of the press cannot be canceled, abridged, restrained or modified by any authority of the United States.” Abridging press freedom is abridging the speech of everyone. [Continue reading…]