[IP] not what he wrote Could NY Times face a treason trial?
Begin forwarded message:
From: Harvey Silverglate <has@xxxxxxxxxxxxxxxxxxxxx>
Date: January 24, 2006 3:25:39 PM EST
To: dave@xxxxxxxxxx
Cc: h_bray@xxxxxxxxx
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@xxxxxxxxxx]
Sent: Tuesday, January 24, 2006 2:09 PM
To: ip@xxxxxxxxxxxxxx
Subject: [IP] Could NY Times face a treason trial?
Begin forwarded message:
From: h_bray@xxxxxxxxx
Date: January 24, 2006 1:56:23 PM EST
To: dave@xxxxxxxxxx
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@xxxxxxxxx
watha@xxxxxxxxxxxxxx
Recent writings: www.boston.com/business/technology/bray
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