By Helen Coster

NEW YORK (Reuters) -The New York Times urged a judge to restore what it called its constitutionally-protected freedom to cover the conservative activist group Project Veritas, on the eve of a hearing on a rare attempt to block news coverage by major media.

Project Veritas claims do not “implement the type of extraordinary public harms such as national security that American courts suggest might seldom justify a prior restriction,” said the Times lawyers in Monday’s court filing.

Project Veritas is also being accused by the newspaper of trying “silence criticism reporting” despite First Amendment safeguards. Meanwhile, it files a lawsuit against Project Veritas for defamation.

Project Veritas lawyers and Project Veritas didn’t immediately reply to our requests for comment.

Justice Charles Wood, Westchester County Supreme Court will hear Tuesday whether to lift or extend his Nov. 18, blocking order that the Times not publish or seek various documents related Project Veritas.

The group had objected to a Nov. 11 https://www.nytimes.com/2021/11/11/us/politics/project-veritas-journalism-political-spying.html Times article discussing its journalism practices and a Department of Justice probe into its possible role in the theft https://www.nytimes.com/2021/11/05/us/politics/project-veritas-investigation-ashley-biden-diary.html of a diary from President Joe Biden’s daughter Ashley.

The article covered memos written by Project Veritas lawyers that were said to be protected under attorney-client privilege. It demands that the Times destroy all memos, and remove them form the Nov. 11, article.

The dispute relates to Project Veritas’ separate defamation case concerning a September 2020 Times article https://www.nytimes.com/2020/09/29/us/politics/project-veritas-ilhan-omar.html describing a video the group released alleging voter fraud connected to the campaign of Congresswoman Ilhan Omar, a Minnesota Democrat.

The Times claimed that they have not had to face any restraints in the past since the 1971 Pentagon Papers Case. The law allowing media outlets to independently publish newsworthy information, regardless of whether the subject is seeking legal action, was also well-established.

According to the Times, “If the rule were different litigants could easily silence critical journalism by filing meritless suits.”

The Times stated that it was also difficult to comprehend how Project Veritas, a “research organization” that “presents itself to be an investigative news agency, now presents arguments to allow litigants to limit its work.”

Project Veritas v New York Times Co et al. New York State Supreme Court Westchester County No. 63921/2020.