June 30, 2005
"Curiouser and Curiouser" Indeed
Time Inc. today announced it would comply with the court's order and produce the requested documents in its custody. (Apparently to the disappointment of its reporter, Matt Cooper. As well as to the Times, which issued a statement critical of Time Inc.'s move.) While the Special Prosecutor undoubtedly views this as merely complying with a court order, and Judge Hogan apparently thinks that lacing his remarks with phrases from Lewis Carroll (and not to be too pedantic here, but Alice thought things were "curiouser and curiouser" in Through the Looking Glass, where Alice entered Wonderland through a mirror, not after she went down a rabbit hole in Alice in Wonderland, as Judge Hogan stated) somehow softens the impact of this blow to the First Amendment, the press, and the public's right to know, the point is that the press should not be put in the position of having to chose. If there is a lack of clarity as to reporters' rights under federal law in this regard, then the Supreme Court should have taken this opportunity to clarify the post-Branzburg haze. Does anyone else feel a chill setting in? And is anyone else annoyed by Robert Novack's cryptic smugness about all of this?