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Just a few weeks after New York Times reporter Judith Miller was released from jail, she and the U.S. Justice Department again squared off, this time at an Oct. 19 Senate Judiciary Committee hearing on a proposed law that could have saved her from incarceration - a federal reporter's privilege.

Miller and other journalists spoke strongly in favor of legislation to protect journalists from compelled disclosure of sources and materials in most, but not all, cases, while Chuck Rosenberg, U.S. attorney for the Southern District of Texas who represented the Justice Department, reiterated the government's opposition to the idea.

"What is broken about the way we are handling …