Espionage Act Upheld: NYT's Screwed

“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Judge ruled that any First Amendment concerns regarding freedom of speech involving national defense information can be superseded by national security considerations….The provisions of the Espionage Act are not impermissibly overbroad or unconstitutional, the Judge ruled, because they are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.

Aftergood points out that the ruling pertained to documents, the judge adding:

Finally, with respect to intangible information [as opposed to documents], the government must prove that the defendant had a reason to believe that the disclosure of the information could harm the United States or aid a foreign nation….

Aftergood says, “Others will disagree.”

Like at the New York Times. They should beware if they land in this judge’s court.