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23 B.U. Pub. Int. L.J. 1 (2014)
Punishing the Publishing of Classified Materials: The Espionage Act and Wikileaks

handle is hein.journals/bupi23 and id is 7 raw text is: ARTICLES PUNISHING THE PUBLISHING OF CLASSIFIED MATERIALS: THE ESPIONAGE ACT AND WIKILEAKS CHRISTOPHER J. MARKHAM* I. FACTS OF THE CASE .........2........................... 2 II. HISTORY AND PAST APPLICATIONS OF THE ESPIONAGE ACT .... 4 III. SECTIONS OF THE ESPIONAGE ACT APPLICABLE TO PUBLISHING. 8 IV. FIRST AMENDMENT SAFEGUARDS FOR INDIVIDUALS AND THE PRESS........ ................................ ... ......... .11 V. PROHIBITING THE PUBLICATION OF INFORMATION .............. 14 A. Prong One of the Florida Star and Bartnicki Test ......... .15 B. Prong Two of the Florida Star and Bartnicki Test ......... .17 VI. THE NATIONAL SECURITY CONTEXT......... .................. 22 VI. CONCLUSION .......................................... 22 In 2010 Bradley Manning, a private first class in the United States Army, leaked various classified documents to an organization called WikiLeaks.' WikiLeaks, under the direction of its founder and editor-in-chief Julian As- sange, subsequently posted those documents on its website. This set off a firestorm of debate about whether the government should be able to prosecute members of the media who publish classified materials.2 Manning's recent con- viction for crimes related to his leaking of the classified documents (for which he has been sentenced to 35 years in prison)' has reignited that debate, as some speculate that Assange could be the government's next target. Indeed, as re- cently as March 30, 2013 a Department of Justice spokesperson confirmed that * First Lieutenant, United States Marine Corps, International Law Studies, Naval War College. The views expressed in this article are those of the author in his personal capacity. I Since this time, Manning has since changed her identity to Chelsea E. Manning. See Adam Gabbatt, 'I am Chelsea Manning,' says jailed soldier formerly known as Bradley, GUARDIAN (Aug. 22, 2013), http://www.theguardian.com/world/2013/aug/22/bradley-man- ning-woman-chelsea-gender-reassignment. 2 Charlie Savage, U.S. Weighs Prosecution of WikiLeaks Founder, but Legal Scholars Warn of Steep Hurdles, N.Y. TIMis, Dec. 2, 2010, at A18. 3 Charlie Savage, Manning Sentenced to 35 Years for a Pivotal Leak of U.S. Files, N.Y. TIMEs, Aug. 22, 2013, at Al.

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