MSM – No special rights to not testify

Beldar has a most excellent analysis of the DC Circuit’s decision in the Judith Miller contempt case. Beldar’s scorecard on the DC Circuit’s Plame decision today: Prosecution 34, Journalists 0: Go read it all.

Beldar also mentions Orin Kerr’s post on The Volokh Conspiracy:
DC Circuit on Blogging and the Reporter’s Privilege.

Judge Sentelle pointed out some of the difficulties of applying such a privilege in light of the blogosphere:

Perhaps more to the point today, does the privilege also protect the proprietor of a web log: the stereotypical “blogger” sitting in his pajamas at his personal computer posting on the World Wide Web his best product to inform whoever happens to browse his way? If not, why not? How could one draw a distinction consistent with the court’s vision of a broadly granted personal right? If so, then would it not be possible for a government official wishing to engage in the sort of unlawful leaking under investigation in the present controversy to call a trusted friend or a political ally, advise him to set up a web log (which I understand takes about three minutes) and then leak to him under a promise of confidentiality the information which the law forbids the official to disclose?

Go read the rest.

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