Dana, you know I'm paranoid of Big Brother government. In this
particular case though, I think that the "collateral damage" to the
press is self-inflicted.

Yes freedom of speech is important. From my read of the situation,
there was no intent here to limit her freedom of speech. She's being
jailed for a contempt of court in a criminal case.Just because she's a
journalist, she doesn't have, and never did have, special immunities. 
An individual has just as much right to protect private conversations
as a journalist. And the converse is true that a journalist has just
as much obligation to assist in a criminal investigation as an
individual when under subpoena. I'd dig up some case law supporting
the whole Fifth Amendment deal I mentioned before, but I'd rather
enjoy my weekend.

And no offense, but I think you have toyed with libel in the Schaivo
case. We all have in various situations when we get our dander up.

-Kevin

On 7/9/05, Dana <[EMAIL PROTECTED]> wrote:
> Interesting that I agree with all of your intermediate arguments and
> disagree with all of your conclusions. But it seems to me that given
> the murkiness of the issues that reasonable people may differ. But
> still. I offer a few thoughts in the interests of furthering
> discussion.
> 
> I do think that the most important issue is that Karl Rove (if he did)
> retaliated against a critic of the administration by endangering his
> wife. He then (if he did) committed perjury and denied doing so. The
> above is speculation based on a few newspaper stories.
> 
> However, while the freedom of the press issues might be collateral
> damage, this might be longer lasting and more significant than the
> arrogance of one administration or the peril of one agent.
> 
> I agree that almost anyone cna be the press anymore. See the case
> where Apple Computers is suing a blogger. This makes freedom of the
> press more important than ever though, not less. We are ony a teeny
> tiny step from being individually silenced, say I, who was only
> yesterday accused of libe. Granted, this was not a political case, but
> this is a public form and what is being done to Judith Miller could
> just as easily be done to Mike D or you or I if we had souces, not
> that we do, but do you see my point.
> 
> It's absolutely a free speech issue.
> 
> Now with the commission of a crime it all becomes murkier. I would
> love to know why Novak is for some reason immune. But the thing that
> bothers me is that Miller didn't assist in this leak, she merely wrote
> about it. She might therefore know something about it, but if her
> source said for chrissakes if you tell anyone I told you this Rove
> will absolutely set the spooks after me there might be good reason for
> her to protect her source. And is not the willingness of government
> workers to drop a dime on the likes of Karl Rove something we should
> be protecting?
> 
> Caveat - I have no special knowledge of this case and so my opinion is
> subject to change as more news becomes available. I furthermore am
> unable to shed any light in grand jury proceedings :)
> 
> I should probaby also disclose a past career in newspapers, and a
> father who is a journalist.
> 
> Dana

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