There are some circumstances in which the First Amendment interest comes up against another interest that is really important and in which we have to make a decision in a particular case as to which is more important.
This is going right to the police. So, it’s a very dangerous precedent.
Were this not Texas, were there not a state where there were no protections at all and where the law was clear on that, I think CBS and Mary Mapes and Dan Rather and all of us had a very good chance of winning. So this is an ongoing battle about an issue of principle.
CBS exhausted the Texas courts. They went from the trial court to the intermediate court to the highest court.
CBS fought very hard on this because it believed and believes that there’s a principle at stake here. The principle is that Dan Rather doesn’t work for the police, and that people that speak to Dan Rather understand that he’s a journalist and not a police agent.
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