Prosecution of Assange or WikiLeaks would be absolutely unprecedented

A prosecution against someone who isn't subject to the secrecy obligations of a federal employee or contractor, based only on that person's publication of classified information that was received innocently, would be absolutely unprecedented and would likely pose serious First Amendment problems. As the summary page of the 21-page memo succinctly states,

"This report identifies some criminal statutes that may apply [to dissemination of classified documents], but notes that these have been used almost exclusively to prosecute individuals with access to classified information (and a corresponding obligation to protect it) who make it available to foreign agents, or to foreign agents who obtain classified information unlawfully while present in the United States. Leaks of classified information to the press have only rarely been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications based on concerns about government censorship."


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 Â»Prosecution of WikiLeaks would face serious First Amendment hurdles
Prosecution of Assange or WikiLeaks would be absolutely unprecedented
Congressional Research Service (CRS) Â»Congressional Research Service (CRS)
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