From the initial AP report on today's rehearing:
Judge David S. Tatel said that under Carvin's interpretation ... newspapers that published the contents of the tape could be held liable.
"The argument to extend it to the New York Times is quite powerful," Tatel said.
"I'm not representing the New York Times," Carvin responded. "I'm perfectly happy to throw them overboard."
For background apropos the holiday, see McDermott's Fall of the House of Ethics.
To pitch in of the side of truth, justice and the American way, pitch your post-election mad-money shekels to Friends of Jim. (Jim holds a safe seat; campaign funds defray case costs; surplus goes to aggressive, progressive campaigns.)