New York Times Co. v. Gonzales

After learning of a planned government freeze and search of two foundations suspected of funding terrorism, New York Times (NYT) (plaintiff) reporters Judith Miller and Philip Shenon contacted the foundations for comment before the searches occurred. When the government investigated the leak's source, U.S. Attorney Patrick Fitzgerald sought the reporters' phone records directly from the NYT, threatening to subpoena the records from the NYT's phone carriers if the paper refused. The NYT sued for a declaratory judgment that the reporter's privilege barred compelled disclosure of confidential sources even from third-party phone providers; the government moved to dismiss, arguing FRCP 17(c)(2)'s subpoena-quashing procedure was an adequate special remedy that precluded declaratory relief, and the district court denied that motion and granted the declaratory judgment.