A federal prosecutor may inspect the telephone records of two New York Times reporters in an effort to identify their confidential sources, a federal appeals court in New York ruled yesterday.
The 2-to-1 decision, from a court historically sympathetic to claims that journalists should be entitled to protect their sources, reversed a lower court and dealt a further setback to news organizations, which have lately been on a losing streak in the federal courts.
The dissenting judge said that the government had failed to demonstrate it truly needed the records and that efforts to obtain reporters’ phone records could alter the way news gathering was conducted.
Details here from Adam Liptak of the New York Times.