Balloon Juice thinks so. I agree this will most likely end up at the Supreme Court. Somehow we have to find a way in this country to maintain both freedom and security. Of course any solution necessarily requires integrity and common sense, something that seems sadly lacking with leakers and those willing to spread the leaks. Personally, when the motive is playing "gotcha" against political enemies, as it seems to be in today's dhimmi world, I'm all for prosecuting to the fullest extent of the law.
... receiving and passing on classified information is a prosecutable offense.
In a momentous expansion of the government’s authority to regulate public disclosure of national security information, a federal court ruled that even private citizens who do not hold security clearances can be prosecuted for unauthorized receipt and disclosure of classified information.
The ruling (pdf) by Judge T.S. Ellis,
III
, denied a motion to dismiss the case of two former employees of the American Israel Public Affairs Committee (AIPAC) who were charged under the Espionage Act with illegally receiving and transmitting classified information.
The decision is a major interpretation of the Espionage Act with implications that extend far beyond this particular case.
The Judge ruled that any First Amendment concerns regarding freedom of speech involving national defense information can be superseded by national security considerations.
It will shock me if this decision does not end up before the Supreme Court, for the simple reason that this is one of those rare decisions that fundamentally alters how America operates as a country. In the short term this means that investigative reporters like James Risen may now face prosecution for doing their job. Put that together with our government’s mania for overclassification and you have a decision that essentially nullifies the press as a useful check on government power.
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