Supreme silence on subpoenas
It is said that hard cases make bad law. But in the hard case of New York Times Reporter Myron Farber, the U.S. Supreme Court last week decided simply to make no law at all. The court refused, without comment, to review a clash between the rights of fair trial and free press that sent Farber to jail for 40 days and cost the Times $285,000 in fines and over $200,000 in legal fees.
Farber, whose reporting helped lead to the trial of Dr. Mario Jascalevich for the murders of three patients at a small New Jersey hospital,...