Contextualizing Disclosure’s Effects: Wikileaks, Balancing and the First Amendment
Christina E. Wells
University of Missouri School of Law
July 25, 2012
Iowa Law Review Bulletin (Forthcoming)
University of Missouri School of Law Legal Studies Research Paper No. 2012-24
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.
Number of Pages in PDF File: 17
Keywords: WikiLeaks, Assange, freedom of speech, first amendment, Espionage Act, Pentagon Papers
Date posted: July 25, 2012
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