Monday, December 06, 2010

…Despite the arguments that Amazon, PayPal, and others make about the illegality of the leaked documents, it's not clear that Wikileaks has broken any law. It is clear that some politicians and pundits wish it to be so, most often invoking the  Espionage Act as justification. The Espionage Act makes it a crime to interfere with military recruitment or to convey information dealing with national defense. Since its passage in 1917 (Red Scare, anyone?), the law has been challenged a number of times in the courts, most notably with regards to the  Pentagon Papers when the Supreme Court ruled that The New York Times was within its rights to publish the leaked information. "Conveying" government secrets is a crime; "publishing" them is not. It is protected by the First Amendment, and for the government to intervene to prevent that from happening is unconstitutional.…
http://www.readwriteweb.com/archives/the_weakest_link_what_wikileaks_has_taught_us_abou.php


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