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.”
Immediately related elementsHow this works
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WikiLeaks Â»WikiLeaks
Legal dimensions? Â»Legal dimensions?
What laws, if any, may WikiLeaks have broken? Â»What laws, if any, may WikiLeaks have broken?
Publication of classified material may breach the Espionage Act Â»Publication of classified material may breach the Espionage Act
Prosecuting WikiLeaks under Espionage Act might be unconstitutional Â»Prosecuting WikiLeaks under Espionage Act might be unconstitutional
1st Amendment protects 3rd parties publishing classified information. Â»1st Amendment protects 3rd parties publishing classified information.
Prosecution of WikiLeaks would face serious First Amendment hurdles
Prosecution of Assange or WikiLeaks would be absolutely unprecedented Â»Prosecution of Assange or WikiLeaks would be absolutely unprecedented
Electronic Frontier Foundation (EFF) Â»Electronic Frontier Foundation (EFF)
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