A New York State appeals court on Tuesday temporarily lifted a judicial order requiring The New York Times to turn over or destroy copies of legal memos prepared for a conservative group.
The stay was issued by the Appellate Division of New York State Supreme Court after The Times objected to an order that was issued late last week in a defamation case.
Justice Charles D. Wood of the State Supreme Court in Westchester County temporarily barred The Times from publishing Project Veritas documents. The newspaper asked for an expedited hearing to lift that part of the order.
The Appellate Division refused to allow The Times to request an earlier deadline.
Elizabeth Locke, a lawyer for Project Veritas, said on Tuesday that the group joined The Times in its request to maintain the status quo to allow appellate review.
A Times spokesman said that they were pleased that parts of the Supreme Court order had been stayed.
The publisher of The Times said in a statement last week that Justice Wood's order had no apparent precedent, and that it should raise alarms for anyone concerned about the dangers of government overreach.
The New York State Court of Appeals can hear arguments in the case if the Appellate Division does not agree with the decision of the trial court judges.
Project Veritas filed a libel lawsuit against The Times in 2020 that accused the newspaper of defamation.
The Justice Department began investigating Project Veritas and its leader, James O'Keefe, for their possible involvement in the theft of a diary belonging to President Biden's daughter.
In its coverage of the investigation, The Times quoted memos prepared by a Project Veritas lawyer that predated the libel lawsuit and described strategies for ensuring that the group's reporting tactics remained legal. Project Veritas uses deceptive practices, including the use of fake identities and hidden cameras, to expose liberals.
The Times was accused of invading attorney-client privilege by publishing the documents. The Times was ordered by Justice Wood to return its physical copies of the documents and destroy any electronic copies in its possession. The memos were barred from being published by The Times.
The lawyer for Project Veritas, Ms. Locke, said last week that Justice Wood's order "affirms the sanctity of the attorney-client relationship" and that The Times was a vehicle for the prosecution of a partisan political agenda. The Times was blind by its hatred of Project Veritas, said Mr. O'Keefe.
First Amendment lawyers and press advocates have argued that Justice Wood was violating the newspaper's speech rights by placing restrictions on The Times' ability to report on the activities of Project Veritas.
The Times told the appeals court that it would be impossible to reverse the requirement that it turn over and destroy documents if it were granted a stay.
