Yep. And this is the take-away. We shouldn't ask that the burden-of-proof the State must meet be something like: "Did the State eventually have a good legal arg

Yep. And this is the take-away. We shouldn't ask that the burden-of-proof the State must meet be something like: "Did the State eventually have a good legal argument?" We should require that the State be using its (considerable) resources to achieve the best "public good". It is my opinion that throwing charges until they stick at a journalist (the only constitutionally protected profession) in order to bully them from doing their job when it is not in the interest of the State, is not in the best interest of the public. That is not creating a public good.