An appeals court says the federal government does not have to release information about wiretaps from the investigation that brought down former New York Gov. Eliot Spitzer.
The 2nd Circuit Court of Appeals found Friday that The New York Times had not shown it has a First Amendment right to the material.
A lower court had ordered the release of the FBI documents, which could reveal details about the origins and scope of the investigation.
The Times said it is disappointed and is reviewing the decision. It said public access to such records would provide "a valuable check on law enforcement agencies and on the courts."
The documents named other clients of the Emperor's Club VIP prostitution service.
David Paterson became governor in March 2008 after Spitzer resigned in disgrace.