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View Diary: Report: Holder approved search warrant labeling reporter as a co-conspirator (356 comments)

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  •  There is an adage.. (0+ / 0-)

    If you want to be protected under "freedom of the press" the first thing you have to do is own a press.

    The first amendment is about freedom to publish, not freedom to collect information.

    We were not ahead of our time, we led the way to our time.

    by i understand on Fri May 24, 2013 at 01:20:16 PM PDT

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    •  no, you are wrong (0+ / 0-)

      The person who provides the press with information is subject to whatever laws there are against that, but a journalist can solicit and publish whatever they want.  It happens all the time.  That is what is so dangerous about the DOJ's action.

      The First Amendment is clear on that.

      Call your representative and senators and the white house (lack of capitalization intended) to STOP this crazy warmongering with Iran, please.

      by Indiana Bob on Sat May 25, 2013 at 12:36:30 PM PDT

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      •  I am not wrong. (0+ / 0-)

        The Supreme Court has been very consistent that journalists are not a protected group.

        We were not ahead of our time, we led the way to our time.

        by i understand on Sat May 25, 2013 at 01:51:05 PM PDT

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        •  cite one case (0+ / 0-)

          where they have ruled that.

          I can cite a couple where they ruled the opposite:

          New York Times Co. v. United States

          Justices Hugo Black and William Douglas, members of the majority, held that the 1st Amendment is absolute. Justice Black called it “unfortunate” in his view “that some of my Brethren [fellow justices] are apparently willing to hold that the publication of news may sometimes be enjoined. Such a holding,” he wrote, “would make a shambles of the First Amendment.”
          Read more: New York Times Co. v. United States (1971) http://www.infoplease.com/...

          Near v Minnesota, here is Justice Hughes:

          the fact that liberty of press may be abused does not make any less necessary the immunity of the press from prior restraint...a more serious evil would result if officials could determine which stories can be published...

          Call your representative and senators and the white house (lack of capitalization intended) to STOP this crazy warmongering with Iran, please.

          by Indiana Bob on Sat May 25, 2013 at 08:12:53 PM PDT

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          •  You keep talking about a different issue (0+ / 0-)

            I'm not commenting at all on prior restraint, nor about publishing. I'm talking about breaking the law.

            We were not ahead of our time, we led the way to our time.

            by i understand on Sat May 25, 2013 at 09:13:29 PM PDT

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            •  Ok, then how did Risen break the law (0+ / 0-)

              The DOJ has asserted that Risen, who is a real dick by the way, broke the law and was  co-conspirator.

              How is this true?

              That is what I object to.  It is fine to go after the leaker (although we allow the government to over-classify out the ass).  What I am saying is you can't spy on a reporters communications because someone else leaked to him/her wihout any due process.

              You can, as in the case you cited below, compel a journalist to disclose his/her source.  This, as the court wrote, is on a case by case basis and the journalist is only required to appear before a grand jury if he/she has information that could not be obtained in other ways.  The test in legaleze is

              convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest.
              So if the DOJ would have subpoenaed Risen to testify who his source was then the court would have had to evaluate that test.   They didn't do that, they seized his phone/email records of his source in this AND ALL OTHERS.  That is what I object to.

              I appreciate this debate.  I don't agree but you have disagreed with me without being disagreeable.

              Call your representative and senators and the white house (lack of capitalization intended) to STOP this crazy warmongering with Iran, please.

              by Indiana Bob on Sun May 26, 2013 at 05:14:52 AM PDT

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          •  In terms of a case... (0+ / 0-)

            Branzburg v. Hayes

            liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods
            Journalists are not protected, publishing is protected.

            Branzburg v. Hayes

            We were not ahead of our time, we led the way to our time.

            by i understand on Sat May 25, 2013 at 09:30:58 PM PDT

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            •  Dude, that is just bizaar (0+ / 0-)

              Unless I am misunderstanding you.  Forgive me if I am.

              That would be like making a law that says that "ditch diggers are not protected, but digging a ditch is protected".

              And lets say you are correct in your above point.  If Journalists are not protected then how does their "protected" writing get published?

              Call your representative and senators and the white house (lack of capitalization intended) to STOP this crazy warmongering with Iran, please.

              by Indiana Bob on Sun May 26, 2013 at 05:02:52 AM PDT

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              •  not at all (0+ / 0-)

                It's like saying standing at the corner of a park and giving a speech is protected, but breaking into a board room and giving the same speech is trespassing.

                The speech is protected, but the trespassing is illegal.

                We were not ahead of our time, we led the way to our time.

                by i understand on Sun May 26, 2013 at 09:01:03 AM PDT

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