Matt Cooper and Judith Miller Denied

Word hot off the AP Wire that a federal appeals court has upheld a ruling that could send NYT’s Judith Miller and Time Magazine’s Matthew Cooper to jail if they don’t testify about their knowledge of the Valerie Plame case.

“We agree with the District Court that there is no First Amendment privilege protecting the information sought,” Judge David B. Sentelle said in the ruling, which was unanimous by the three judge panel. (The full decision is here, and personally, we’d love to know what the judges redacted for eight pages near the end. Anything damaging about Bob Novak or loofahs in there?)

We have to wonder this today: Since Jeff Gannon/James Guckert might also be wrapped up in the Plame mess, can he claim First Amendment privilege as a “journalist”? As Scott McClellan might ask, who really gets to claim First Amendment these days? Who is a journalist in this age of blogs?