What a Court Order Involving Project Veritas and the New York Times Means for Press Freedom

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A judge ruled that the New York Times improperly published documents belonging to Project Veritas, a right-rated watchdog group. What does the decision mean for press freedom?

Last week, New York judge Charles Wood upheld a previous ruling barring the Times from publishing documents written by a Veritas lawyer and ordered the paper to get rid of the documents. The judge decided that the documents were irregularly obtained and not a matter of public concern, and that making them public violated attorney-client privilege. The Times included them in its coverage of the FBI's sweeps of homes belonging to Veritas founder James O'Keefe and two other employees in November. In the report, the Times questioned Veritas's "tactics that test the boundaries of legality and are outside of mainstream reporting techniques." The FBI searches prompted press freedom concerns from the American Civil Liberties Union (Lean Left bias).

The Times's editorial board criticized Wood and argued that his decision endangers "one of the oldest and most enduring principles in our legal system: The government may not tell the press what it can and cannot publish." Right-rated voices tended to agree with Wood's evaluation and argued that the Times's claims of press freedom concerns were baseless. Some right-rated voices also accused the Times of hypocrisy for purportedly seeking to obstruct Project Veritas's First Amendment rights, highlighting how Veritas already sued the Times for defamation over a separate matter earlier this year, and arguing that press freedom applies to everyone whether or not they work for a "real" news source.

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A New York judge has upheld an earlier ruling barring the New York Times from publishing or covering documents written by a lawyer for the conservative group Project Veritas, the Times reported.

Why it matters: The ruling, which now also requires the paper to get rid of physical and electronic copies of the documents, is "a highly unusual and astonishingly broad injunction against a news organization," the paper said in a Friday editorial.

NY Supreme Court, noting that "'Hit and run' journalism" is not protected, rules New York Times may have "improper[ly]" obtained PV's attorney-client memos before publishing them "ahead of the deadline it had set," and ORDERS the Times to (1) return the memos to PV; (2) destroy all copies of the memos it has, including removing them "from the internet"; (3) retrieve copies of the memos it provided to third parties including Columbia Journalism Professor Bill Grueskin; (4) not use the memos in PV's defamation lawsuit against the Times; and (5) confirm its compliance within 10 days.  Mer

Half a century ago, the Supreme Court settled the matter of when a court can stop a newspaper from publishing. In 1971, the Nixon administration attempted to block The Times and The Washington Post from publishing classified Defense Department documents detailing the history of the Vietnam War — the so-called Pentagon Papers. Faced with an asserted threat to the nation’s security, the Supreme Court sided with the newspapers. “Without an informed and free press, there cannot be an enlightened people,” Justice Potter Stewart wrote in a concurring opinion.