imonroe comments on Dark Arts 101: Using presuppositions - Less Wrong

65 Post author: PhilGoetz 27 December 2010 05:16PM

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Comment author: imonroe 30 December 2010 04:30:28PM 3 points [-]

Regarding "whether WikiLeaks leader Julian Assange is a journalist, or can be prosecuted for espionage..."

Turns out there are different kinds of legal protections for journalists -- shield laws, for instance, which protect a journalist from having to reveal an anonymous source -- which don't apply to "non-journalists", whatever that might be in a world with twitter, blogs, etc. A private citizen emailing secret documents to someone without proper clearance can be prosecuted for it; a journalist publishing classified documents that were passed to her cannot be prosecuted.

So the question should be something more like, "Should Julian Assange be afforded the same legal protections as a journalist, or is he something other than that, to which such protections do not apply."

Comment author: Douglas_Knight 21 September 2013 09:31:13PM 1 point [-]

A private citizen emailing secret documents to someone without proper clearance can be prosecuted for it; a journalist publishing classified documents that were passed to her cannot be prosecuted.

No, shield laws, both existing and proposed, are only about sources and offer no protection for publishing classified information. They might offer protection from admitting that you have classified information. Also, most classified information is at the federal level and there isn't a federal shield law, so this is all hypothetical.