- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
How can publishing illegally obtained classified material be legal?
Posted on 5/25/17 at 1:06 pm
Posted on 5/25/17 at 1:06 pm
The first amendment is great, I love it.
How exactly does it cover published illegally obtained classified materials? Isn't that a crime?
If I obtain obtain military battle plans and maps I'm pretty sure I can't just publish them in a paper.
The media's blind bloodlust to see Trump damaged or hurt has reached the point where they really don't even care if it gets innocent people killed.
How exactly does it cover published illegally obtained classified materials? Isn't that a crime?
If I obtain obtain military battle plans and maps I'm pretty sure I can't just publish them in a paper.
The media's blind bloodlust to see Trump damaged or hurt has reached the point where they really don't even care if it gets innocent people killed.
Posted on 5/25/17 at 1:07 pm to IAmReality
Its not.
People should be in jail
People should be in jail
Posted on 5/25/17 at 1:10 pm to IAmReality
quote:
The first amendment is great, I love it.
well obviously not.
quote:
If I obtain obtain military battle plans and maps I'm pretty sure I can't just publish them in a paper.
See pentagon papers.
quote:
The media's blind bloodlust to see Trump damaged or hurt has reached the point where they really don't even care if it gets innocent people killed.
Is that your standard? Usually the media is pretty good about withholding parts of the classified material.
Should julian assange be in jail? What about snowden?
Posted on 5/25/17 at 1:10 pm to IAmReality
quote:No.
How exactly does it cover published illegally obtained classified materials? Isn't that a crime?
Posted on 5/25/17 at 1:11 pm to Hawkeye95
quote:Stop this.
Is that your standard? Usually the media is pretty good about withholding parts of the classified material.
Should julian assange be in jail? What about snowden?
Posted on 5/25/17 at 1:12 pm to IAmReality
quote:
he first amendment is great, I love it.
How exactly does it cover published illegally obtained classified materials? Isn't that a crime?
If I obtain obtain military battle plans and maps I'm pretty sure I can't just publish them in a paper.
The media's blind bloodlust to see Trump damaged or hurt has reached the point where they really don't even care if it gets innocent people killed.
It absolutely is legal. SCOTUS has confirmed that free speech covers the printing of classified material.
As for if you yourself published material you stole. That would be the same. You could and would be charged for stealing the classified material, you would face no charges for publishing it.
Myself , I think Congress should pass a law requiring journalists to name their sources to federal agents in the course of an investigation though.
Posted on 5/25/17 at 1:13 pm to IAmReality
From my simple understanding
If you "obtain" (steal) the battle plans without security clearance that is espionage which is illegal
If you have security clearance and give it to others then you're breaking a non-disclosure agreement which you sign as part of the security clearance which is illegal
If you are given the secured information from another agent unsolicited you then are not under a non-disclosure agreement nor committed espionage to obtain classified material and it's not illegal
But my understanding might be way off mark
If you "obtain" (steal) the battle plans without security clearance that is espionage which is illegal
If you have security clearance and give it to others then you're breaking a non-disclosure agreement which you sign as part of the security clearance which is illegal
If you are given the secured information from another agent unsolicited you then are not under a non-disclosure agreement nor committed espionage to obtain classified material and it's not illegal
But my understanding might be way off mark
Posted on 5/25/17 at 1:14 pm to IAmReality
1971 - New York Times v. United States.
https://en.wikipedia.org/wiki/New_York_Times_Co._v._United_States
That's the supreme court case covering the Pentagon Papers
https://en.wikipedia.org/wiki/New_York_Times_Co._v._United_States
That's the supreme court case covering the Pentagon Papers
This post was edited on 5/25/17 at 1:15 pm
Posted on 5/25/17 at 1:19 pm to IAmReality
You can obtain classified information and not know it is classified. That would be an impossible law to enforce since the publisher would have zero access to determine or vet if something is classified and having to let the govt review everything before publication would be a severe violation of the constitution.
Posted on 5/25/17 at 1:20 pm to ctalati32
Don't charge them for publication. Charge them with conspiring to obtain and possession of classified materials without clearance.
This post was edited on 5/25/17 at 1:21 pm
Posted on 5/25/17 at 1:37 pm to Hawkeye95
It's still debatable whether publishing classified info is legal. The Espionage Act does not make exceptions for journalists in its language.
The SCOTUS has never made a definitive ruling on this topic. New York Times v. United States didn't really address the prosecution of journalists -- it was only about trying to stop the publication of something in the first place.
Personally, I err on the side of the 1st amendment being absolute. Otherwise it is a slippery slope as to what constitutes "national secrets" versus the public's right to know. My only point here is to say that the subject is not "settled" in the legal sense.
The SCOTUS has never made a definitive ruling on this topic. New York Times v. United States didn't really address the prosecution of journalists -- it was only about trying to stop the publication of something in the first place.
Personally, I err on the side of the 1st amendment being absolute. Otherwise it is a slippery slope as to what constitutes "national secrets" versus the public's right to know. My only point here is to say that the subject is not "settled" in the legal sense.
Popular
Back to top
Follow TigerDroppings for LSU Football News