Disclosures of government information happen all the time, whether by officials seeking to advance their interests or by whistleblowers exposing misconduct for public benefit. But only one person in our history has ever been sentenced to decades in prison for disclosing truthful information to the press and public: Chelsea Manning.
The government targeted Manning for discriminatory prosecution, using the archaic Espionage Act of 1917. The vagueness of that law enables the government to go after speakers and messages it dislikes 鈥� often as it simultaneously leaks information to further its own agenda. For that reason, the 老澳门开奖结果 filed a brief yesterday in support of Manning鈥檚 military court appeal, explaining why her conviction under the Espionage Act should be overturned as unconstitutional.
Leaks often come from the highest levels, including from and . People holding those positions of power have not been prosecuted under the Espionage Act for their disclosures. Many of these leakers seek to influence and even manipulate public opinion by promoting the government鈥檚 chosen messages: that , that , that . Others pursue their own personal agendas, like , who shared highly classified information with his biographer.
No leakers were charged with violating the Espionage Act for many decades after it was passed.
But that has changed, dramatically. As we have previously written, the Obama administration has used this World War I-era anti-spying law to go after those whose disclosures run contrary to the government鈥檚 preferred narratives. That has resulted in a reality in which a general like Petraeus serves no jail time after sharing top secret information to serve his self-interest, while Manning gets decades in prison.
President Obama recently demonstrated this unfairness when he defended Secretary of State Hillary Clinton鈥檚 handling of classified information by telling an interviewer that 鈥渢here鈥檚 classified, and .鈥� That鈥檚 exactly the problem: The government鈥檚 selective prosecution means that information is likely to be considered really classified when it鈥檚 embarrassing to the government or when someone like Manning discloses it.
Manning鈥檚 severe punishment is a perfect example of the government picking and choosing who can speak to the press. Even more disturbing is the fact that the law forbade Manning from mounting a defense that took into account the public interest in any of her disclosures. It violates the First Amendment for the government to punish the disclosure of truthful information without any consideration of whether the information was important to public discourse 鈥� and leaves the government free to inappropriately crack down on disclosures about its own illegality or misconduct.
The selective prosecution of those who disclose government information is profoundly dangerous to our democracy. Using the Espionage Act to punish government leakers or whistleblowers risks chilling speech on matters of significant public concern, and it gives the government too much power to maintain secrecy about matters that are critical for an informed public to hold its government accountable. The American people lose a vital check on our government when it is free to punish anyone who discloses truthful information that the government doesn鈥檛 want us to know.
Learn More 老澳门开奖结果 the Issues on This Page
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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
MississippiJul 2024
Free Speech
Privacy & Technology
NetChoice v. FitchNetChoice v. Fitch
Whether a law that mandates age verification for all users of social media services violates the First Amendment. -
News & CommentaryDec 2024
Free Speech
Can you define pornography? Neither can the government.Can you define pornography? Neither can the government.
We break down the absurd-but-true history of trying to censor sexual speech under the guise of "keeping kids safe." -
Minnesota Supreme CourtNov 2024
Free Speech
Energy Transfer LP v. Greenpeace International, Unicorn RiotEnergy Transfer LP v. Greenpeace International, Unicorn Riot
This case in the Minnesota Supreme Court asks whether the MFFIA's protections apply to newsgatherers even if they are alleged to have engaged in trespassing while newsgathering. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, alongside the 老澳门开奖结果 of Minnesota and law firm Biersdorf & Associations, filed a brief representing Unicorn Riot, a media organization that covered protests of the Dakota Access Pipeline. The brief argues that MFFIA and constitutional reporter鈥檚 privileges, under both the U.S. and Minnesota constitutions, protect Unicorn Riot from having to comply with Energy Transfer鈥檚 subpoenas.