The Washingtonienne Case and the Still-Very-Much-Alive Public Disclosure Tort

Over at Balkinization, I've posted some comments about the Washingtonienne case, which I blogged about here earlier this summer.  In my post at Balkinization, I'm responding to an article in the Washington Post written by Professor Andrew McClurg that casts doubt on the viability of the public disclosure tort based on First Amendment law.  I take issue with his reading of the law, and I contend that the tort remains very much alive and well, despite rumors of its demise or infirmity.