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confidential sources

The First Amendment protects journalists using Snowden’s documents. But what about Snowden?

Peter Scheer October 21, 2013

I am often asked whether Edward Snowden’s leaking of classified documents about NSA surveillance programs is protected by the first amendment. My answer is no, his handing over of classified information to reporters at The Guardian, the Washington Post and the New York Times enjoys no constitutional protection or privilege. Snowden is a source who leaks information, not a journalist who receives leaks. The difference is crucial: in the transaction between source and journalist, constitutional

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Former federal prosecutor loses case over reporter’s sources

donal brown March 28, 2011

A federal judge ruled against a former federal prosecutor claiming a confidential source from the Department of Justice violated his privacy rights by talking with a reporter. In his decision the judge said that the former prosecutor could not prevail in his case against the Department of Justice (DOJ) because he needed to show that the department “willfully violated his rights” under the Privacy Act and that the person leaking information to the press was

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Should The U.S. Kidnap WikiLeak’s Founder?

FAC August 3, 2010

Commentary on Wikileaks situation by TIME magazine reporter, Michael Scherer TIME Magazine/ Commentary August 3, 2010 By Michael Scherer I guess those who care about international press freedom can take comfort in the fact that Marc Thiessen no longer works for the government. On the Washington Post website, the former Bush Administration speechwriter and harsh interrogation booster, offers his view of WikiLeaks and its founder Julian Assange. In short, Thiessen calls for the U.S. to

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First Amendment Guru Floyd Abrams on the WikiLeaks Situation [VIDEO]

FAC July 28, 2010

July 28, 2010 By Wall Street Journal     On Monday morning, we did some looking into the legal issues surrounding WikiLeaks’ decision to unveil some 92,000 previously classified documents on the public, in connection with a handful of media outlets. The bottom line, some First Amendment experts informed us: the government certainly had the right to go after and punish the person within the military who leaked the information. But logistical and legal concerns

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Government agency using subpoenas to obtain whistle blowers’ e-mails with reporters

donal brown June 29, 2010

The Security and Exchange Commission has subpoenaed documents from two whistle blowers including e-mails with reporters, a move that circumvents their usual policy of not subpoenaing reporters directly. -db The Reporters Committee for Freedom of the Press June 28, 2010 By Ellen Biltz At least one government agency is using subpoenas to target e-mail between journalists and potential sources by going after the source. Two self-proclaimed fraud convicts recently turned over thousands of documents rather

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