Not Free to Leak

UNLAWFULLY VIOLATING SOMEONE'S PRIVACY IS NOT FREE SPEECH.

Today, those who are concerned about privacy rights should be cheered by this story from the Associated Press. A federal appeals court slappped down Jim McDermott for his blatant disregard for the law.

This report, coming from AP, is typically biased in favor of lib leakers. No surprise there.

It is so inconsistent the way the lib media circle the wagons and whine about a chill wind blowing and warn about free speech being squelched and moan about "domestic spying," while they simultaneously trample on the privacy rights of others on a regular basis.

They turn a TERRORIST SURVEILLANCE PROGRAM into an evil abuse of power, yet they want the freedom to go above the law and abuse the privacy of individuals.

Such is the two-faced lib media's double standard.

WASHINGTON -- A federal appeals court ruled Tuesday that Rep. Jim McDermott violated federal law by turning over an illegally taped telephone call to reporters nearly a decade ago.

In a 2-1 opinion, the U.S. Court of Appeals for the District of Columbia ruled that McDermott violated the rights of House Majority Leader John Boehner, heard on the 1996 call involving former House Speaker Newt Gingrich.

The court ordered McDermott to pay Boehner, a Republican from West Chester in southwest Ohio, more than $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs.

McDermott, D-Wash., leaked a tape of a 1996 cell phone call involving former House Speaker Newt Gingrich to The New York Times and other news organizations.

...A lawyer for McDermott had argued that his actions were allowed under the First Amendment, and said a ruling against him would have "a huge chilling effect" on reporters and newsmakers alike.

...But Boehner's lawyers said McDermott's actions were clearly illegal.

By leaking the tape McDermott "chilled the free speech of others," namely Boehner and Gingrich, lawyer Michael Carvin said following a court hearing in November.

...Boehner said he offered to drop his civil lawsuit against McDermott if McDermott promised to admit he was wrong, apologized to the House and donated $10,000 to a charity the two men agreed upon, Boehner said.

"We could never come close to an agreement," Boehner said.

Background on the case, from Columbia Journalism Review:

The facts: In December 1996, leading Republicans, including Gingrich, Boehner, Dick Armey, and Tom DeLay, among others, held a conference call. Boehner was on his cell phone while driving through Florida. The conversation focused on a proposal under which Gingrich would accept a reprimand from the ethics committee and pay a fine to avert a protracted and humiliating public hearing. The GOP leaders also discussed tactics to attack the committee's findings in a way that would protect Gingrich from suspicion that he was behind the attacks.

A Florida couple heard the conversation on a scanner, taped it, and forwarded the tape to McDermott. McDermott made copies available to The New York Times, The Atlanta Journal-Constitution, and Roll Call, all of which published stories on the conversation. McDermott resigned from the committee investigation after Republicans raised questions about the legality of his action. The Florida couple, John and Alice Martin, were prosecuted under the Electronic Communications Privacy Act and fined $1,000. Boehner later sued McDermott for damages under the act because McDermott leaked the tape, knowing it had been recorded illegally.

Acting outside the law is not free speech. It's criminal.

The libs that are always complaining about how chilly they are because they're being blown by the wind of censorship have to stop cherry-picking.

In effect, they argue that anything goes, including illegal activity, if it suits their agenda.

GUESS WHAT? IT DOESN'T.

The media are not above the law. McDermott is not above the law.

McDermott is a leaker and I'm glad that the court is standing up for the right of privacy.

ALL AMERICANS WHO CARE ABOUT THEIR PRIVACY SHOULD BE GLAD THAT McDERMOTT HAS BEEN ORDERED TO PAY $60,000 IN DAMAGES AND MORE THAN $600,000 IN LEGAL COSTS.

If there's a chill wind blowing, it's the result of individuals that disregard the laws regarding privacy out of malice and in the name of personal gain.

This a victory for free speech. Boehner's rights were violated and McDermott is being held accountable.

Good. Very good.