He wrote that The Times's decision to publish excerpts from memos written by Project Veritas's lawyers "cries out for court intervention to protect the integrity of the judicial process." This ruling follows a similar directive Justice Wood issued last month in response to a story The Times published that quoted from the memos. The Times plans to appeal this latest ruling. In requesting the order from Justice Wood, Project Veritas's lawyers acknowledged that prior restraints on publication are rare, but argued that their case fits a narrow exception the law recognizes for documents that may be used in the course of ongoing litigation. This exception recognizes that because parties are forced by the court to disclose materials, courts should have the power to supervise how such forced disclosures are used by the other party. The litigation here is a libel suit Project Veritas filed against The Times in 2020, for its articles on a video the group produced about what it claimed was rampant voter fraud in Minnesota. The video was "probably part of a coordinated disinformation effort," The Times reported, citing an analysis by researchers at Stanford University and the University of Washington. The group's lawyers also argue that the memos are protected by attorney-client privilege and that The Times was under an ethical obligation to return them to Project Veritas, rather than publish them. This is not how journalism works. The Times, like any other news organization, makes ethical judgments daily about whether to disclose secret information from governments, corporations and others in the news. But the First Amendment is meant to leave those ethical decisions to journalists, not to courts. The only potential exception is information so sensitive — say, planned troop movements during a war — that its publication could pose a grave threat to American lives or national security. Project Veritas's legal memos are not a matter of national security. In fact, but for its ongoing libel suit, the group would have no claim against The Times at all. The memos at issue have nothing to do with that suit and did not come to The Times through the discovery process. Still, Project Veritas is arguing that their publication must be prohibited because the memos contain confidential information that is relevant to the group's litigation strategy. It's an absurd argument and a deeply threatening one to a free press.