FedSoc Blog

Legal Action Against Wikileaks?


by The Federalist Society
Posted July 27, 2010, 9:37 AM

Ashby Jones posted yesterday on The Wall Street Journal Law Blog about the legal implications of Wikileaks' release of documents to The New York Times, The Guardian, and Der Spiegel containing classified information on the war effort in Afghanistan. The question explored in the post is what the U.S. can do to leakers of such classified information and the media organizations that publish it. As to the media organizations, the answer, as discussed by Prof. Fred Schauer of Virginia Law and Prof. Jack Balkin of Yale Law, depends on where the organizations are located and how active a role they played in causing the information to be leaked. On the other hand, any military leaker of the information appears likely to face court martial and criminal charges.

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