not what he wrote Could NY Times face a treason trial?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Harvey Silverglate <has () harveysilverglate com>
Date: January 24, 2006 3:25:39 PM EST
To: dave () farber net
Cc: h_bray () globe com
Subject: RE: [IP] Could NY Times face a treason trial?

Dave,
        Hiawatha Bray is not quite accurate in characterizing my Boston
Phoenix column. I did not posit that the New York Times had published  
news
that "violated US national security." Quite the opposite - I made  
clear my
view that the only secret unveiled in the Times story was that the  
President
was doing unlawfully what he could easily have done lawfully. It is  
clear,
however, from the Supreme Court's "Pentagon Papers" opinions what  
while a
prior restraint on publication would have been unconstitutional, a
post-publication criminal indictment of the newspaper would have been
allowed. This is the danger that faces the Times anew. I also made  
the point
that, in my view, federal prosecutors would have a helluva hard time  
getting
a jury to convict the Times, since verdicts require unanimity and  
inevitably
some jurors would be more shocked at what the President did than at  
what the
Times chose to publish.
                                                Harvey Silverglate

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Tuesday, January 24, 2006 2:09 PM
To: ip () v2 listbox com
Subject: [IP] Could NY Times face a treason trial?



Begin forwarded message:

From: h_bray () globe com
Date: January 24, 2006 1:56:23 PM EST
To: dave () farber net
Subject: Could NY Times face a treason trial?

The noble Harvey Silverglate has suggested in the Boston Phoenix that  
the NY
Times could well be put on trial for publishing news that violated US
national security.  Now comes another suggestion along the same lines  
from
the conservative Powerline blog:

http://powerlineblog.com/archives/012924.php

All the Powerline guys are lawyers, so their perspective can be given  
some
weight.


Hiawatha Bray
Technology Reporter
Boston Globe
135 Morrissey Blvd.
P.O. Box 55819
Boston, MA 02205-5819 USA
617-929-3119 voice
617-929-3183 fax
617-233-9419 cell
bray () globe com
watha () monitortan com
Recent writings: www.boston.com/business/technology/bray



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