It just seems to be a human trait to want to protect the speech of people with whom we agree. For the First Amendment, that is not good enough. So it is really important that we protect First Amendment rights of people no matter what side of the line they are on.
From Floyd Abrams
So sometimes the facts are good and sometimes the facts are bad, the important thing from the point of view of a principle as broad and important as freedom of speech is that the courts articulate and set forth in a very protective way what those principles are.
Were this not Texas, were there not a state where there were no protections at all and where the law was clear on that, I think CBS and Mary Mapes and Dan Rather and all of us had a very good chance of winning. So this is an ongoing battle about an issue of principle.
I would say that the Pentagon Papers case of 1971 - in which the government tried to block the The New York Times and The Washington Post that they obtained from a secret study of how we got involved in the war in Vietnam - that is probably the most important case.
Here we have a situation where a defendant in a case agrees to an interview with Dan Rather. It happened to be not confidential. But it was an interview with Dan Rather.
I am really impressed by lawyers who write books and tell us that they never lost a case. Most lawyers who have never lost a case have not had enough hard cases. But there are very difficult cases out there.
I know a lot of reporters certainly will go to jail to defend confidential sources. Some have even gone to jail for an issue like this. But I can't say that's the norm.
It has something to do with the facts and the law and who the judges are. So I think lawyers sometimes exaggerate their role in winning and losing. Lawyers do have a role, and a major role, but they're not the only players in this game.
I still owe a duty of loyalty to my clients and former clients, so I cannot specify which clients I did not especially find congenial, but the cause was the same.
I try to do that in this book without preaching - to try to do as you just said that you really have to defend the First Amendment rights of everybody.
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