Got that? Media Matters for America, the media watchdog organization, “stand[s] with those news organizations” criticizing the Justice Department’s actions and “share[s] their concerns.” But Media Matters Action Network, which describes itself as a “partner project” of Media Matters for America, is issuing talking points defending the Justice department against criticism from “those news organizations” in order to help “progressive talkers to win public debates with conservatives.” Got it?

There is something to the accusations of partisan hypocrisy here. The fact is that if the Bush Administration had done something like this the entire liberal blogosphere would be screaming bloody murder. Instead we're getting heavily qualified analysis from groups like ThinkProgress that seem to balance the issue, and liberals are writing comments in the threads reminding us that warrants aren't required to collect this kind of data.

A writer at HufPo says:

There are some deeds, I'm afraid, for which having the favored party identification is not an affirmative defense. It is not OK that the DoJ did this because the DoJ is being run by the guys who you perceive to be wearing the white hats. Snooping through the phone records of reporters doesn't become OK because Democrats are doing it, and it doesn't become evil by dint of the fact that Republicans are doing it. IT IS EITHER ALWAYS RIGHT, OR ALWAYS WRONG.

In fact I don't agree. There are circumstances in which it is right and circumstances in which it is wrong.

The substantive questions are:
1. Did the DOJ exhaust reasonable alternatives before doing a broad data pull?
2. Did the DOJ comply with regulations regarding investigations of the news media?

The Volokh Conspiracy » Media Matters v. Media Matters