Journalists and press freedom groups reacted with alarm on Thursday after the Trump administration announced new charges against Julian Assange, the WikiLeaks leader, for publishing classified information, in a case that legal experts say takes direct aim at previously sacrosanct protections for the news media.Given the obvious run at some form of tyranny-oligarchy that President Trump is making, and his openly expressed hate toward the free press, this is reasonably seen as a direct attack on the press. Trump and the GOP can reasonably be seen as against free speech for the press, but unlimited speech, especially dark free speech***, for themselves.
In indicting Mr. Assange for obtaining, accepting and disseminating classified materials, the Department of Justice opened a new front in its campaign against illegal leaks. While past cases involved government employees who provided material to journalists, the Assange indictment could amount to the pursuit of a publisher for making that material available to the public.
“It’s not criminal to encourage someone to leak classified information to you as a journalist — that’s called news gathering, and there are First Amendment protections for news gathering,” said Theodore J. Boutrous Jr., a lawyer who frequently represents media organizations like CNN. “The ramifications of this are so potentially dangerous and serious for the ability of journalists to gather and disseminate information that the American people have a right to know.”
The charges against Mr. Assange are likely to face a challenge on First Amendment grounds. And journalists’ use of illegally obtained materials has been upheld in Supreme Court cases. But Mr. Miller said prosecutors had now skated to the edge of criminalizing journalistic practices.
“The Espionage Act doesn’t make any distinction between journalists and nonjournalists,” Mr. Miller said, referring to the law that Mr. Assange is accused of violating. “If you can charge Julian Assange under the law with publishing classified information, there is nothing under the law that prevents the Justice Department from charging a journalist.”
“The calculation by the Department of Justice is that here’s someone who people don’t like,” Mr. Boutrous said. “There’s a real element of picking the weakest of the herd, or the most unpopular figure, to try to blunt the outcry.”
*** Dark free speech: lies, deceit, unwarranted opacity to hide corruption, relevant truths and facts, unwarranted emotional manipulation to foment irrational, reason-killing emotions, including fear, hate, anger, disgust, distrust, intolerance, and all kinds of bigotry including racism
B&B orig: 5/24/19
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