[wahern]

The ruling is based on a claim that "Snowden breached several contracts with and fiduciary duties to the United States". The crux here is that Snowden was an employee and contractor. If he didn't have that prior, voluntary relationship, then the government likely wouldn't have any firm ground to stand on.

I don't see how you could eliminate such a claim without also eliminating the ability of the government to require and enforce secrecy from private contractors and employees more generally. For example, imagine IRS workers writing a tell-all book about the tax returns of various people.

IMO Snowden is a persecuted patriot and should be pardoned for any and all crimes (notwithstanding the legitimacy of some of the alleged crimes). But that doesn't mean the government doesn't have legitimate interests in censuring some forms of information. "Free speech" is a term of art and until very recently in nobody's wildest imagination would it cover the disclosure in the first instance of internal government data by government employees and contractors.