Bush Revives Espionage Act

Bush's war on the disloyal press climaxes in a trial on classified information.

I expect that those five members of the Court in 1971—warning the press that the First Amendment is not a permanent shield in time of war—may well be remembered now by Chief Justice John Roberts, Samuel Alito, Antonin Scalia, and Clarence Thomas.

As for Anthony Kennedy—who could be the pivotal vote against defendants Rose and Weissman, the press, and the public—we should know his vote in a year or more. There is also the possibility that before oral arguments at the Supreme Court, Bush may have another seat to fill. These are indeed historic, fateful times.

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