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Wikileaks Would Not Qualify To Claim Federal Reporter’S Privilege In Any Form, Jonathan Peters
Wikileaks Would Not Qualify To Claim Federal Reporter’S Privilege In Any Form, Jonathan Peters
Jonathan Peters
This article addresses whether WikiLeaks could claim a federal reporter’s privilege if the U.S. government or a U.S. entity tried to compel one of the site’s staff members to disclose the source(s) of any documents it has released. After exploring the origins of the First Amendment-based privilege, I argue that WikiLeaks would not be able to claim it. First, the website does not engage in investigative reporting. Second, it has not taken steps consistently to minimize harm. I also discuss congressional attempts to pass a federal shield law, paying special attention to H.R. 985 and S. 448, the two most …
Wikileaks, The First Amendment, And The Press, Jonathan Peters
Wikileaks, The First Amendment, And The Press, Jonathan Peters
Jonathan Peters
This article focuses on one question: When can the government, consonant with the First Amendment, punish the publication of classified information related to national security? To that end, Part I outlines the constitutional standards that could apply to such a prosecution of WikiLeaks. Part II discusses whether WikiLeaks is part of the press and whether that matters for constitutional purposes. Part III concludes by urging the Justice Department to consider carefully whether it should prosecute WikiLeaks.
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
Gregory Brazeal
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may …
An Unlikely Solution: Securities Fraud Regulation As A Model For Protecting Fortunetelling As Free Speech, Daniel Hare
An Unlikely Solution: Securities Fraud Regulation As A Model For Protecting Fortunetelling As Free Speech, Daniel Hare
Daniel Hare
No abstract provided.