“Recipients of ‘Leaks’ May Be Prosecuted, Court Rules,” headlines the post by the secrecy expert at the Federation of American Scientists Project on Government Secrecy, Steven Aftergood.

Aftergood condenses the import of a 68-page ruling from the U.S. District Court, Eastern District of Virginia:

[E]ven private citizens who do not hold security clearances can be prosecuted for unauthorized receipt and disclosure of classified information….The Judge ruled that any First Amendment concerns regarding freedom of speech involving national defense information can be superseded by national security considerations….The provisions of the Espionage Act are not impermissibly overbroad or unconstitutional, the Judge ruled, because they are limited by the requirements that the prohibited behavior be both knowing and willful.

[Read on.]

OK, now that that's settled, fetch a rope. Hell, fetch several.

AIPAC Case Decided: Opinion Opens the Door to Prosecution of the NYT and LAT for the Swift Disclosures
Patterico

This is huge. Jonathan Adler reports:

The federal government may prosecute private citizens who illegally receive and retransmit classified information, held federal district court Judge T.S. Ellis III yesterday in United States v. Rosen. Judge Ellis denied a motion to dismiss filed by Steven Rosen and Keith Weissman, two former employees of the American Israel Public Affairs Committee (AIPAC), who are being prosecuted under the Espionage Act for obtaining classified information and communicating it to third parties, including members of the media. According to Judge Ellis:

both common sense and the relevant precedent point persuasively to the conclusion that the government can punish those outside of the government for the unauthorized receipt and deliberate retransmission of information relating to the national defense.

The significance is obvious:

Under Judge Ellis’ interpretation, it also seems the federal government could prosecute reporters at the Washington Post and New York Times for their reports on secret prisons, NSA surveillance, and other classified counter-terror activities.

[Read on.]

***

Michelle Malkin comments here.

Ed Morrissey comments here.

***

James Joyner has analyis here.

Contributed by Bill Faith on August 11, 2006 at 03:27 AM in Bill Faith, CIA/NSA Treason, Media Perfidy | Permalink

Comments