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by Georgelemental 1018 days ago
> Freedom of the press never protected the unauthorized release of classified military secrets.

Yes, it did and does. If you agree not to divulge a military secret as a condition of gaining access to it (for example, as part of the terms of your employment with the government), then you can be prosecuted for reneging on your promise. But if you are a journalist who learns the info secondhand, you never agreed to anything and freedom of expression sanctions your actions.

1 comments

What if you're a journalist who assists someone looking for help to access/exfiltrate documents they're not supposed to be handling or sharing externally? Or a journalist privately pushing people to commit crimes and assisting them in ways to share those documents with you? Doesn't that then make you a conspirator to a crime?

There's a big difference between someone uploading a collection of secret files to a website you run and actively communicating with someone trying to get them to commit crimes on your behalf, or knowingly helping others commit crimes.

I'm not arguing Assange did or did not do those things, I don't know. I'm just saying if he did those things, he did commit a crime separate from just publishing documents the government would prefer the public to not see (which according to New York Times Co. vs United States it is not a crime).