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View Diary: Anonymous Government Officials Leak Defense of DOJ's Spying on Reporter (187 comments)

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  •  A serious question (0+ / 0-)

    Given that free speech under the First Amendment is limited in any number of ways, what limitations exist for freedom of the press under the First Amendment?

    Do we set up a strict scrutiny test, like we do for the freedom of speech?

    I believe that there is a line, but I don't know exactly where it is.

    I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

    by ccyd on Wed May 29, 2013 at 09:30:13 AM PDT

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    •  I will let a lawyer or other expert answer this (0+ / 0-)

      if one's about. If no one steps up after a while, I will do my best (according to my best understanding of the law)

      "When people spin this in partisan terms to obfuscate the truth, it does a real disservice to normal people not in the big club in DC. Many of them will be hurting...That is why I write."--priceman

      by SouthernLiberalinMD on Wed May 29, 2013 at 09:56:24 AM PDT

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      •  Not an expert, but... (1+ / 0-)
        Recommended by:
        edwardssl

        Although I am a lawyer, I don't practice in First Amendment law,  so I'm not trying to pass myself off as an expert in this area of the law.  I don't think it is an easy question.  You would probably have to apply the strict scrutiny test I mentioned upthread.  I honestly don't know how it would come out.  A lot would depend on the specific facts of the case.  I've read the affidavit accompaning the application for the search warrant, but I don't know what measures the DOJ used to get the information without the warrant.  The fact that a judge signed off on the warrant does matter, too.

        I think it is easy to get outraged, but I have a suspicion that what the DOJ did in this case was legal.  Whether it was wise is a different question.

        I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

        by ccyd on Wed May 29, 2013 at 10:24:40 AM PDT

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    •  To my knowledge (0+ / 0-)

      The line is pretty similar to that of speech, and often is exactly the same. Libel and incitement are both restricted but other than that it's pretty much fair game.

      If debt were a moral issue then, lacking morals, corporations could never be in debt.

      by AoT on Wed May 29, 2013 at 10:21:51 AM PDT

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