Quote from the article: ``For months it has been clear that this case was likely to make bad law: appellate rulings that would erode journalists' ability to protect their sources. That's one reason why some prominent reporters -- including ones with The Post and NBC News -- let their lawyers work out arrangements that would provide Fitzgerald with information he wanted, without compromising the confidentiality agreements the reporters had made with their sources. These negotiations were delicate, involving sources' consent that reporters testify about their conversations. But they allowed both sides to preserve the essential points of principle -- and avoid the train wreck that obviously lay ahead. The New York Times and Miller decided not to try to finesse the issue. Instead, they opted for what the Times editorially has described as an act of "civil disobedience," in which Miller refused to comply with a grand jury subpoena even after the issue had been litigated to the U.S. Supreme Court. The Times has been a crusader, but the paper admitted in an editorial yesterday: "To be frank, this is far from an ideal case. We would not have wanted our reporter to give up her liberty over a situation whose details are so complicated and muddy." So the train wreck happened. The U.S. Court of Appeals for the D.C. Circuit, in affirming the district court's finding that Miller was in contempt, bluntly rejected the idea that journalists have any privilege that allows them to ignore grand jury subpoenas. That appeared to narrow slightly the scope of journalists' privilege that developed after the Supreme Court's 1972 decision in Branzburg v. Hayes , and last month the high court let this narrower opinion stand.'' http://www.washingtonpost.com/wp-dyn/content/article/2005/07/07/AR2005070701900.html