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Constitutional Law

American University Law Review

2008

Espionage Act

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Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee Jun 2008

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.


The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck Jun 2008

The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck

American University Law Review

Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies - and to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be? As this Essay suggests, because of the broad language …