We Need To Talk About the Espionage Act
The Lawfare Podcast
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The First Amendment and the Pentagon Papers Pick Case
The act covers spying. The act also covers stuff that's short of spying that's kind of preparatory to spying right. And then there is the finally the sort of the secondary transmission if that person that you give it to say the Washington Post then or Julian Assange then publishes it. Unfortunately I do not read the case law as being a slam dunk at present in favor of the idea that publications would necessarily be found to be protected by the First Amendment. To be clear I absolutely think they should be and you know to the extent that cases come up Assange or others where that is tested I will be you know loudly advocating for why the First Amendment deserves protection.
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