Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Tuesday, August 7, 2012

Wikileaks and the First Amendment: A Response

Christina E. Wells, University of Missouri School of Law, is publishing Contextualizing Disclosure’s Effects: Wikileaks, Balancing and the First Amendment in the Iowa Law Review Bulletin (forthcoming).

This essay responds to Professor Fenster’s article in the Iowa Law Review, Disclosure’s Effects: WikiLeaks and Transparency, assessing the effects of the recent WikiLeaks disclosures. The essay agrees with many of Professor Fenster’s conclusions regarding the promise and peril of those disclosures, especially his concern regarding the problematic balancing approaches used to assess the likely impact when confidential information is revealed. It specifically elaborates on courts’ current application of the Espionage Act, a criminal law likely to be applied to the WikiLeaks disclosures, and the implications of that deferential application for WikiLeaks, Julian Assange and journalists in general.

Download the article from SSRN at the link.

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