Monday, June 27, 2005

High court declines to hear Miller, Cooper appeals

The Supreme Court issued an order today denying to hear the appeals of reporters Judith Miller and Matthew Cooper. The order stated:
"The petitions for writs of certiorari are denied. Justice Breyer took no part in the consideration or decision of these petitions."

1 comment:

Anonymous said...

Regarding today's Wash Post article announcing that Time will hand over Cooper's notes:

I am a bit confused about what Time Magazine is doing.

Is it part of Time's contract with employees that their notes belong to the publication?

I have read cases where it was ruled rather clearly that a reporter's notes belong to the reporter.

The stories, and Cooper's comments would seem to suggest he has no power over what Time does with his notes.

If they are his, can he force the lawyer that represents both him and the magazine to withhold the notes?

This is a good question because when a lawyer represents two parties -- the reporter and the magazine -- the lawyer must be accountable to both of them, equally.

Of course, Time has been privy to his notes, if not before, then as soon as the lawyer got involved. But what liberties would Time have to use them, if we assume the scenario that at Time, the reporter owns his notes?

Any legal minds care to weigh in?