The phone records of New York Times reporters are not protected by the First Amendment or a common law privilege from a subpoena issued by a Chicago grand jury, the 2nd U.S. Circuit Court of Appeals ruled Tuesday.

A divided panel declined to decide the issue of whether a common law privilege exists for reporters’ phone records, but said that “any such privilege would be overcome on the present facts” in The New York Times Co. v. Gonzalez, 05-2639.

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