Law professor Alan Dershowitz has a rather selective approach to the First Amendment. (via Deadline: Legal Blog)
, if the committee “is willing to play hardball with the press.”
Law professor Alan Dershowitz, shown speaking to reporters in 2020, is now effectively pushing for government action against the press.That hardball, of course, could lead to locking up journalists for doing their jobs. Yet that doesn’t seem to concern Dershowitz. In fact, the words “First Amendment” are nowhere to be found in the op-ed, in which he suggests that Republicans use their subpoena power against journalists.
It’s not only a hypocritical argument but also a poorly reasoned one. For example, Dershowitz wrote that the case for forcing the reporters to reveal their source is “strong” because “the source didn’t seek to expose any wrongdoing by the government, only the usual workings of the Supreme Court and a decision that would have become public within weeks.”
One problem with that statement is that it assumes, without proving, the source’s motivation. That assumption is certainly at odds with the Republican-backed theory that the leaker is a liberal who presumablyseek to expose what they considered government wrongdoing. And even if that assumption about the leaker’s intentions were accurate, it shows why the fervor to find the leaker is misplaced.
In the end, it’s a wrongheaded, hypocritical and legally dubious argument put forth by the professor, so House Republicans might actually consider it.
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