“Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege,” he wrote.

Who doesn’t love the Bill of Qualified Privileges? And at what point do we consider that iterative applications of case law may cause judges to lose the plot?

I don't know, but I'd believe it's beyond the point where they are illegally leaking private information.

The first amendment is already far more qualified than you might expect. All of the amendments are. It's the job of the opposing counsels to write briefs that keep the judges in the plot, and the job of chief executives and voters to appoint judges who can follow it.