Holder and the White House Try to Make the Case for Media Surveillance
The distinction between the free press and government restriction is probably best demonstrated in the statute under which the government is allowed to supoena the press, as pointed out to us by Electronic Frontier Foundation senior staff attorney Kurt Opsahl yesterday. It reads, in part:
'Because freedom of the press can be no broader than the freedom of reporters to investigate and report the news, the prosecutorial power of the government should not be used in such a way that it impairs a reporter's responsibility to cover as broadly as possible controversial public issues. This policy statement is thus intended to provide protection for the news media from forms of compulsory process, whether civil or criminal, which might impair the news gathering function."