No Freedom of the Press (When it comes to getting access to wiretap Records)

Traditionally court records were "public". But, according to an appeals court ruling against the New York Times, which sought access to the wiretap records relating to FBI investigation of the "Emperor's club" prostitution ring sting that brought down Eliot Spitzer, there is no first amendment to wiretap application information.

Court of Appeals for the Second Circuit rules

IN THE MATTER OF THE APPLICATION OF THE NEW YORK TIMES COMPANY TO UNSEAL WIRETAP &
SEARCH WARRANT MATERIALS
Before: WINTER, CABRANES, and HALL Circuit Judges.
The United States appeals from a final order of the United States District Court for the
Southern District of New York (Jed S. Rakoff, Judge) granting an application by the New York Times
Company (the "Times") to access sealed wiretap applications relating to the investigation of the
"Emperor's Club," a prostitution ring once patronized by the former Governor of New York, Elliot
Spitzer. We hold that the Times has not shown "good cause" to unseal wiretap applications, orders,
and related documents pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of
1968, 18 U.S.C. § 2518(8)(b). We also hold that the Times does not have a First Amendment right to
gain access to wiretap applications.
Reversed.

Thanks to Fourth Amendment blog