When CNN anchor Chris Cuomo stated on air that the public could not legally possess hacked Clinton campaign e-mails, conservatives protested mightily and legal experts dismissed the claim. Law Professor Jonathan Turley said the original hacker had committed a crime but that it was not a prosecutable offense to read the e-mails online since the information was already widely disseminated. Cuomo had said that the media enjoyed special privilege in this instance. (Law Newz, October 17, 2016, by Rachel Stockman)
Law Professor Eugene Volokh, The Washington Post, October 17, 2016, cited Supreme Court cases that treat media and public equally in regard to possessing and distributing illegally obtained information. Volokh also wrote, “Now, while knowingly possessing tangible stolen property would often be a crime for both the media and others, possessing copies of illegally leaked materials is generally not treated the same way.”