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According to Near v. Minnesota, 283 U.S. 697, (1931), national security is the one legal reason for prior restraint. So why didn't Bush file an injunction to stop the New York Times from publishing its bank tracking story?

I can think of only three reasons, summarized in my letter to the editor, at the Columbus Dispatch.

Dear Editors:

Bush said the New York Times bank-tracking story "...does great harm to the United States of America."

Really? Then wasn't he obligated to request an injunction to block it? In Near v. Minnesota, the Supreme Court long ago ruled that prior restraint is permitted in cases of national security.

Bush's failure to use the courts means either his administration is so incompetent they don't know the law, or so corrupt they would cynically permit national harm in order to gain political advantage. Or maybe he does not really believe great harm was done--in which case, he is merely lying.

Hey DKOSers! Write your own letters to the editor--on this or other subjects. The more the louder.

Note: My Near v. Minnesota ref, and my overall idea for the letter, came from listening to the Lionel Show.

Originally posted to daulton on Mon Jul 03, 2006 at 10:35 AM PDT.

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