Reply #69: It's both.

[H2O Man]

It is certainly an Amendment 1 issue -- all civil or criminal laws that have to do with "free speech" issues are. Your point that there are limits on free speech is, of course, exactly right.

The OP raises an important point, too: we should always look closely at any restrictions on "free speech," or other Amendment 1 rights. Even with the issues with Miller and Cooper in the Plame case, it was important that Mr. Fitzgerald used his authority to compel testimony as a last resort.

In this case, I think the court ruled correctly. But we need to be sure it does not lead to abuses.