[JURIST] Federal prosecutors may review two New York Times reporters' phone records while trying to determine who leaked information about a terrorism investigation, the US Court of Appeals for the Second Circuit ruled Tuesday. A three-judge panel held [opinion text, PDF] that "on the present facts," neither common-law privilege nor the First Amendment protected the Times from disclosing the subpoenaed records. "We see no danger to a free press in so holding," Circuit Judge Ralph K. Winter [official profile] wrote in the majority opinion. Winter continued:

Learning of imminent law enforcement asset freezes/searches and informing targets of them is not an activity essential, or even common, journalism. Where such reporting involves the uncovering of government corruption or misconduct in the use of investigative powers, courts can easily find appropriate means of protecting the journalists involved and their sources.