Originally shared by Tam McD
Use And Then Pursue?: "A Window for Punishing WikiLeaks"
"The Department of Justice under Attorney General Jeff Sessions, according to news reports, is re-evaluating whether to charge WikiLeaks founder Julian Assange for publishing leaked classified material in 2010. This raises a First Amendment flag. The department previously decided it wouldn’t proceed because it couldn’t distinguish WikiLeaks from the New York Times or the Washington Post. So what, really, is the difference between unlawfully leaking information to the press and publishing it directly to the public? If one is unlawful, why can’t the other be?
The answer can’t be derived from the language of the First Amendment itself. Only the late Justice Hugo Black has ever come close to saying that the Constitution bars Congress from any kind of restriction of on free speech. Instead, the legal part of the answer needs to come from the body of Supreme Court interpretation of the amendment."
https://www.bloomberg.com/view/articles/2017-04-21/a-window-for-punishing-wikileaks
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