The Zyprexa Chronicles: Times Declines Judge's "Invitation"

As I noted last week, US District Court Judge Jack Weinstein issued an "invitation and order" calling on New York Times reporter Alex Berenson to appear in court and explain how he obtained various Eli Lilly documents that were under a court seal. It's not a surprise that the paper, in a letter dated February 5, declined the judge's invitation, noting:

"As a matter of long-held principle, we believe that it would be inappropriate for any of our journalists voluntarily to testify about news gathering methods at the Times, our reporters' communications with their sources or the editorial judgments that are made in deciding what is and what is not published by the Times, just as we would vigorously resist any effort by any party to compel such testimony. We guard quite zealously our role as a member of a free and independent press and believe quite passionately that, consistent with the principles embodied in the First Amendment, it is not the role of the newspaper or its reporters to submit to cross-examination about such matters even where it may otherwise serve our particular interests in a particular case to do so."

Precisely.

Final briefs in the documents case have been filed by various parties and I will post information from them as soon as I have some time. Briefs are due to the Judge today. It's not clear how soon he will issue a ruling. Stay tuned.