In Fact...

FIRST AMENDMENT BEDFELLOWS

Every once in a while it behooves this 135-year-old journal (136 on July 5!) to remind ourselves that, like the broken clock that is right twice a day, the conservative nuts and true believers aren't always wrong. That's why we are pleased to join William Safire, the editors of the Wall Street Journal and the Washington Times, and Dave Shiflett of National Review Online--all of whom shouted "First Amendment!" when Senator Patrick Leahy asked R. Emmett Tyrrell Jr., the editor of The American Spectator, to turn over materials related to the nefarious Arkansas Project for hearings on Theodore Olson's nomination to be Solicitor General. Olson had served as the Spectator's lawyer and on its board of directors, and even wrote, anonymously, some of its anti-Clinton articles. But we agree with the above rogues' gallery of the right that the First Amendment requires that magazines, like the rest of the press, be immune from such Congressionally compelled turnovers. The Senate has since confirmed Olson, so we're stuck with him, but nothing in the First Amendment stops reporters from investigating the Spectator's $2.4 million Arkansas (Get Clinton) Project. Which articles did Olson write? Did he lie to the Senate when he swore he had no involvement with the A-Project? In the spirit of the First Amendment, we urge the Spectator to cooperate with inquiring journalists--but not at the expense of its Fifth Amendment right against self-incrimination.

CAROL BERNSTEIN FERRY

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