Technically, I belive you are correct, however, the NYT can not claim First Amendment protection if it KNOWINGLY prints material that is illegally released. Palin could then file a lawsuit against the Times. I would bet that this story was sent to the Times legal department and they would know the information was gained as a result of a HIPAA violation.
A good corporate attorney should advise them to keep at arms length away from this, but the Slimes being what they are, probably decided to go with it anyway. I think there could be severe CIVIL ramifications if it shown that the Slimes knew it was protected information and they published it anyway. Further, I’d like to see the Palins hire a lawyer...say like Dr. Levin to pursue this in a court of law. Heck, maybe even Allen D. would love to take a chunk out of the NYT.
The Good Dr. Levin has threatened to do this before.
I am sure he would be MORE than happy to take this job.
imagine how the illegal disemination of an abortion record would be treated by a conservative newspaper....
oh yeah, no such animal.