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Does The First Amendment's Freedom Of The Press Clause Place The Institutional Media Above The Law Of Classified Secrets?, John Eastman
Does The First Amendment's Freedom Of The Press Clause Place The Institutional Media Above The Law Of Classified Secrets?, John Eastman
John C. Eastman
Testimony before the U.S. House of Representatives Permanent Select Committee on Intelligence, contending that Section 798 of the Espionage Act, prohibiting the publication of classified information regarding U.S. communications capabilities, can constitutionally be applied to the media, for several reasons: 1) A majority of the Justices in the Pentagon Papers case recognized that prior restraints on publication of highly sensitive, classified information regarding ongoing military and communications operations would be permissible; 2) The prospect of post-publication liability for violating the Espionage Act was also recognized by a majority of the Justices; and 3) The Freedom of Press Clause of the …
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John Eastman
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John Eastman
John C. Eastman
Ever since the New York Times published classified information in December 2005 about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct. Calls of impeachment have even been heard, both in the media and in the halls of Congress. The Congressional Research Serviced weighed in at the request of members of Congress, concluding that "it might be argued" that the President had violated the Foreign Intelligence Surveillance …