Espionage Act Prosecutions Against the Press

A Joint Committee Report of the Criminal Law Committee, Newsgathering Committee, and Litigation Committee

Espionage Act Prosecutions Against the Press is a collection of resources prepared by the MLRC’s Criminal Law, Newsgathering, and Litigation Committees for use and reference in the event of a federal prosecution of a journalist or media outlet under the Espionage Act of 1917. These resources discuss the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and much more.

The Report is available in its entirety in PDF and Microsoft Word formats. The MLRC wishes to thank all of the Committee members who devoted substantial time and thought to the production of this Report.

Additional Resources

• Matthew L. Schafer and Katherine M. Bolger, Flowerpot to SecureDrop: Promoting Anonymity While Preserving the Bartnicki Principle, Communications Lawyer (Fall 2015)
• WikiLeaks and the 1st Amendment (Feat. Michael Lambert), POPLAW podcast
• Reporters Committee for Freedom of the Press, Federal cases involving unauthorized disclosures to the news media, 1778 to the present
• Reporters Committee for Freedom of the Press, Reporters Committee analysis of U.S. government indictment of Julian Assange
• Reporters Committee for Freedom of the Press, Reporters Committee analysis of U.S. government indictment of Julian Assange – Part II
• Reporters Committee for Freedom of the Press, Special Analysis of the May 2019 Superseding Indictment of Julian Assange
• Brechner Center for Freedom of Information, Protecting Sources And Whistleblowers: The First Amendment And Public Employees’ Right to Speak to the Media