(ConservativeHub.com) – Project Veritas and its founder, James O’Keefe, have secured a victory of sorts in their defamation suit against The New York Times (NYT). The judge agreed temporarily on November 18 to their motion to prevent the newspaper from publishing any materials subject to attorney-client privilege. The judge in the case scheduled another hearing on November 23 to decide whether to extend or lift the order.
The response from the Times was immediate and loud, claiming the action was “prior restraint” against the publication, which the Supreme Court of the United States (SCOTUS) has long said is permissible only in very specific and narrowly defined cases.
Top officers of the NYT and their attorneys denounced the judge’s order as unconstitutional and a dangerous precedent that flies in the face of the 1971 SCOTUS “Pentagon Papers” case. The ruling in that decision said the first amendment protections of the freedom of the press deserved strong protections. In a 1976 case, Nebraska Press Assn. v. Stuart, a unanimous court decided that it even trumped a criminal case and the defendant’s 6th and 14th amendment rights to an impartial jury.
"This ruling is unconstitutional and sets a dangerous precedent," Dean Baquet, the Times' executive editor, said.https://t.co/EXRGitdkx9
— Tom Eblen (@tomeblen) November 19, 2021
The newspaper’s lawyers have already appealed and lost on November 19. A hearing on November 23 resulted in a continuance of the lower court injunction, at least for now. Given the gravity of the ruling, you can rest assured this won’t be the last legal maneuver from either side. In fact, it would not be surprising if this case ultimately reaches the High Court.
The next round of filings is due on December 1.
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