Espionage Act
40 Articles

The Espionage Act Reform Bill Addresses Key Press Concerns
On March 5, Senator Ron Wyden (D-Ore.) and Representative Ro Khanna (D-Calif.) introduced sorely needed legislation to reform the Espionage Act.

Assange’s Indictment: A Threat to Everyone
Had the precedent of the Justice Department’s prosecution of Julian Assange existed in the past, there are numerous cases that could have resulted in a prosecution under the…

Balancing the Law and Reporting: Reflections on the Assange Indictment and What It Means for Journalists
The superseding indictment of Wikileaks founder Julian Assange has again sent First Amendment guardians to the ramparts, when what’s needed is a calm discussion of what threat…

L’Affaire d’Assange: Why His Extradition May Be Blocked
The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free…

Assange May Have Committed a Crime, But the Espionage Act Is the Wrong Law to Prosecute
Is Wikileaks leader Julian Assange a journalist? If journalism is a profession, it is because, like other professions, it has standards and a code of ethics. As an example, a journalist…

Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…

Assange Indictment Is Shot Across the Bow of Press Freedom
"The indictment seems to have been drafted not just to justify the prosecution of Assange but to tar legitimate journalistic activities by association with Assange’s alleged…

Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…

Don’t Be So Quick to Call Those Disclosures “Legal”
Following multiple reports that President Trump disclosed highly classified information to Russian officials at a private meeting, various legal experts have asserted that Trump…

United States v. Glenn Greenwald?
Apparently, Glenn Greenwald and Laura Poitras–two of the journalists most directly involved in the dissemination of Edward Snowden’s revelations regarding various NSA…

Journalism and/as Espionage: A Surreply to Gabriel Schoenfeld
I suspect we’re quickly reaching the point in the conversation about the relationship between national security journalism and espionage in which everything has been said,…

Gabriel Schoenfeld Responds to Lederman and Vladeck
I thank both Steve Vladeck and Marty Lederman for commenting on my post, a post that was drawn from a longer article, Journalism or Espionage? just published in the fall issue…