Free speech roundup


  • Why is the pursuit of leaks and leakers an attack on the press? Or does Freedom of the Press Trump [intentional] espionage laws and confidentiality requirements?

    If the Rosenbergs, e.g., had passed on classified information to Pravda, would prosecuting them have been an attack on the press?

    Or if an attorney leaks privileged information to, say, Breitbart, would that be an attack on the press?

  • There is one case in American history where a newspaper made a thinly veiled leak of a critical secret in the middle of World War II. I believe that FDR got it right and the grand jury which refused to indict the Chicago Tribune got it wrong although you could certainly argue that the refusal to charge the paper may have saved the secret from being learned by Japan. I do find the tone of the Tribune’s article 74 years later about this to be precisely the tone deaf arrogance which undermines public support for special privileges for the press.