In indicting WikiLeaks’ Julian Assange, the U.S. government has embarked on an unprecedented use of the espionage charge, never before brought against publishers of stolen secret documents. The government is expected to argue that Assange encouraged the leaks, damaged national security and is not truly a journalist. Assange’s defense team may refer to the Supreme Court ruling that publication of legally obtained information is protected even if the information was obtained by unlawful means and that it would be unconstitutional to charge espionage to shut down the dissemination of information of vital public interest. (Hollywood Reporter, May 23, 2019, by Eriq Gardner) The government is charging Assange with soliciting the information from former Army intelligence analyst Chelsea Manning by posting a detailed request for such information on its website. But law professor Jane Kirtley said requests for tips is not solicitation and imperils the online tip lines routinely employed by the news media. She said even though the government claims Assange is not a real journalist, that does not eliminate the danger of the espionage charge for all journalists. (CNN Business, May 23, 2019, by Jackie Wattles) Law professor Eugene Volokh, May 23, 2019 in Reason, writes that much is at stake for the news media and public in the new Assange indictment with the most important counts alleging that Assange enabled the publication of secret documents obtained illegally. The government is contending that while illegally obtained information may be published so long as the publisher was not involved in the illegal acquisition and the information was of public concern, that does not carry over to leaks jeopardizing national security.Elementor #352120
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