The principle though remains the same, and the important thing is CBS fought hard, very hard, to protect that principle and will fight again.Floyd Abrams
The question at the end of the day was, the courts having found there was no defense, a producer about to go to jail, should CBS in effect tell the producer go to jail even though there is no law at all that we can use to get you out of jail?
Floyd Abrams
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.
Floyd Abrams
This is going right to the police. So, it's a very dangerous precedent.
Floyd Abrams
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.
Floyd Abrams
When I began we did not really have a lot of First Amendment law. It is really surprising to think of it this way, but a lot of the law - most of the law that relates to the First Amendment freedom of the press in America - is really within living memory.
Floyd Abrams
If the word gets out, if the perception exists that by speaking to a CBS journalist you are, therefore, inevitably, immediately speaking to the police, I don't think there's any doubt but that people won't talk. And, therefore, the public won't learn.
Floyd Abrams
It has something to do with the facts and the law and who the judges are. So I think lawyers sometimes exaggerate their role in winning and losing. Lawyers do have a role, and a major role, but they're not the only players in this game.
Floyd Abrams
It is not to benefit CBS, not to benefit its reporters. On this one, the entire basis of it is this is a way to get more information, more important information to the public. And that's why so many states recognize this.
Floyd Abrams
It is within the last quarter century or thirty years. And a lot of that law has turned out to be very, very protective of the press and the public's right to know.
Floyd Abrams
It just seems to be a human trait to want to protect the speech of people with whom we agree. For the First Amendment, that is not good enough. So it is really important that we protect First Amendment rights of people no matter what side of the line they are on.
Floyd Abrams
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