Floyd Abrams - Criticism

Criticism

In a column on Slate entitled Memo to Cooper and Miller: Fire Floyd Abrams. Hire Bruce Sanford, Jack Shafer felt Abrams's First Amendment argument was weaker than others' on behalf of the reporters in the Valerie Plame affair. In the majority opinion, Judge Sentelle found Abrams' assertion that a First Amendment privilege protects Matthew Cooper and Judith Miller from the subpoena to lack merit. They ordered both reporters to talk to the grand jury about their confidential sources or face jail for contempt, which Miller ultimately did. "Maybe a First Amendment legend isn't what this case called for in the first place," said Shafer. "Maybe Cooper and Miller would have been better served by having a criminal lawyer who knows how to bargain." Shafer thought Abrams' expertise was not adequately enough suited for the subject matter: "...my guess is that they won't if it's argued on First Amendment grounds, preferring to let their Branzburg precedent stand."

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