Abstract

http://ssrn.com/abstract=2117583
 


 



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

Abstract:     
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

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Date posted: July 25, 2012  

Suggested Citation

Wells, Christina E., Contextualizing Disclosure’s Effects: Wikileaks, Balancing and the First Amendment (July 25, 2012). Iowa Law Review Bulletin (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2012-24. Available at SSRN: http://ssrn.com/abstract=2117583

Contact Information

Christina E. Wells (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States
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