Lawyers representing Mac rumour Web site Think Secret have filed a motion to have Apple's lawsuit against the company dismissed on First Amendment Grounds.
"Apple's lawsuit is a affront to the First Amendment, and an attempt to use Apple's economic power to intimidate small journalists," Think Secret says in the court filings. "If a publication such as the New York Times had published such information, it would be called good journalism; Apple never would have considered a lawsuit."
Think Secret's special motion to dismiss the complaint was filed in California Superior Court, Santa Clara County under the California Anti-SLAPP Statute, a law designed to stem lawsuits that attempt to prevent valid constitutional exercises of freedom of speech.
The move follows last week's decision by a judge in that state that "tentatively" ruled Apple can force Powerpage.org, AppleInsider and Think Secret to reveal their sources.
Under the First Amendment, a journalist cannot be held liable for trade secret misappropriation or inducing breach of contract for publishing newsworthy information lawfully obtained, Think Secret says in the court filings.
In support of the motion to dismiss, Think Secret filed statements from journalism professor Thomas Goldstein of the University of California at Berkeley and former San Jose Mercury News columnist Dan Gillmor.
Apple's case may not be so open-and-shut. In a surprise move yesterday, the White House accepted media news blog publisher Garrett Graff as an accredited White House correspondent.