Page 1
Page 1
Started By
Message
locked post

How can publishing illegally obtained classified material be legal?

Posted on 5/25/17 at 1:06 pm
Posted by IAmReality
Member since Oct 2012
12229 posts
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.
Posted by Tigerbait357
Member since Jun 2011
67838 posts
Posted on 5/25/17 at 1:07 pm to
Its not.

People should be in jail
Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 5/25/17 at 1:10 pm to
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 by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 5/25/17 at 1:10 pm to
quote:

How exactly does it cover published illegally obtained classified materials? Isn't that a crime?
No.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 5/25/17 at 1:11 pm to
quote:

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?
Stop this.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 5/25/17 at 1:12 pm to
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 by ctalati32
Member since Sep 2007
4060 posts
Posted on 5/25/17 at 1:13 pm to
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
Posted by ctalati32
Member since Sep 2007
4060 posts
Posted on 5/25/17 at 1:14 pm to
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
This post was edited on 5/25/17 at 1:15 pm
Posted by notsince98
KC, MO
Member since Oct 2012
17950 posts
Posted on 5/25/17 at 1:19 pm to
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 by antibarner
Member since Oct 2009
23710 posts
Posted on 5/25/17 at 1:20 pm to
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 by AUstar
Member since Dec 2012
16981 posts
Posted on 5/25/17 at 1:37 pm to
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.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram