In the May 21 edition of The New York Times’ ‘Room for Debate,’ Harvard Law School Professor Charles Fried considers the question of whether the Obama administration’s actions against journalists in leak inquiries has protected national security or violated the First Amendment.
A noted constitutional law scholar, Fried has taught at HLS since 1961. His most recent publication (with Gregory Fried) is “Because It Is Wrong: Torture, Privacy and Presidential Power in the Age of Terror” (Norton 2010).
The Supreme Court has consistently refused to allow the news media to shelter behind the First Amendment when law enforcement — by subpoena, discovery or search warrant — seeks help in uncovering criminal conduct and its perpetrators. The maxim is that the law is entitled to every person’s evidence, and that includes the press. … read more on NYTimes.com