A New York judge has ruled that the New York Times has a first amendment right to protect a confidential source and that the government cannot obtain telephone records used by a reporter unless certain very specific conditions are met.

The Honorable Robert W. Sweet refused to dismiss a lawsuit by the New York Times against to prevent the Justice Department from obtaining the telephone records of two of its reporters. The case involves phone records connected to two Islamic charaties that were suspected of supporting terrorism, the Global Relief Foundation and the Holy Land Foundation.

The two journalists, Judith Miller and Philip Shenon, made these phone calls just after the September 11 attacks. Judge Sweet ruled that the records could only be made available via subpoena to the Justice Department during a grand jury investigation if the requested information is highly material and relevant and cannot be obtained elsewhere.

'The free press has long performed an essential role in ensuring against abuses of governmental power,' the judge said.

'The government has failed to demonstrate that the balance of the competing interests weighs in its favor,' the judge added.

Recently, a federal court judge ruled that Miller and a Time Magazine reporter had to reveal their confidential source to a grand jury or face contempt of court charges. The reporters are likely to appeal that ruling to the United States Supreme Court.