Prosecution of WikiLeaks would face serious First Amendment hurdles
"if WikiLeaks was simply a passive recipient of the material, it’s likely free from culpability. If it played a more active role, the calculus might change depending on just how involved it was."
"On the First Amendment question, Jack Balkin, a First Amendment expert at Yale Law, said most First Amendment lawyers would say that preventing the publication of material “is justified only where absolutely necessary to prevent almost immediate and imminent disaster. It’s an extremely high standard.”