Thread by @Jtaylorede

BREAKING: NY Supreme Court GRANTS Veritas’ Motion; ORDERS New York Times to destroy attorney-client memos “irregular[ly]” obtained from PV; REJECTS Times’ cries of “prior restraint” while citing case about “‘Hit and run’ journalism”

How did NYT obtain the memos? Poss. "improper means" : "The Times incredibly admitted that here 'no apparent bribery was used to obtain the memoranda.' ... [PV] has met its burden of showing [the memos] were obtained by irregular means, if not both irregular and improper means."

But the memos were public concern because it involved PV, no? No: "[S]ome things are not fodder for public consideration and consumption. These memoranda ... are only between an attorney and a client, and it does not matter one bit who the attorney and client are."

The Times/corp. media argued prior restraint. Wrong. "The Times is perfectly free to investigate, ... publish, opine, expose or ignore whatever aspects of Project Veritas its editors in their sole discretion deem newsworthy, without utilizing [PV's a/c] privileged memoranda."

"[T]he court's protective order does not act as an impermissible prior restraint on the Times. As important as the First Amendment's protection against prior restraints is, on the present facts, the erosion of the attorney-client privilege is a far more imminent concern."

Of the Times' journalism, the court noted: ... "''Hit and run' journalism is no more protected under the First Amendment, than speeding on a crowded sidewalk is permitted under a valid driver's license.'" #ouch.

"[T]his is no defeat for the First Amendment," wrote the Court. "It would indeed be a Pyrrhic victory...if the Amendment's safeguarding of the media... were confused with the attempt to constitutionalize the publication of the private, privileged communication ...presented here."

A hard-fought victory by the indefatigable @libbylocke of @ClareLockeLLP, who frequently reminds the NYT that, contrary to internal belief, they are not the most powerful entity in the State of New York.