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The New York Times Co. v. Gonzales, 04 Civ. 7677

Reporter's Privilege Bars Government From Seeking Telephone Records

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Judge Sweet

THE NEW YORK TIMES CO. v. GONZALES — The defendants Alberto Gonzales (“Gonzales”) in his official capacity as Attorney General of the United States and the United States of America (collectively, the “government”) have moved under Rule 12, Fed. R. Civ. P., to dismiss the complaint of The New York Times Company (“The Times”) seeking a declaratory judgment concerning the confidentiality of telephone records for two of its reporters, which records are held by a third-party telephone company. The Times has moved for summary judgment under Rule 56, Fed. R. Civ. P., seeking certain of the relief sought in its complaint. The government has cross-moved for summary judgment dismissing the complaint. Upon the facts found to be undisputed and the conclusions of law set forth below, the government’s motion to dismiss is denied, its cross-motion for summary judgment is granted in part and denied in part, and the motion of The Times is granted in part and denied in part.

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