Brief of Amici Curiae Scholars of Constitutional Law, First Amendment Law, and Media Law in Support of the Defendant in United States v. Terry J. Albury

42 Pages Posted: 27 Nov 2018

See all articles by Heidi Kitrosser

Heidi Kitrosser

University of Minnesota - Twin Cities - School of Law

Patrick Kabat

The Information Society Project at Yale Law School

Jane Kirtley

University of Minnesota - Twin Cities - Hubbard School of Journalism and Mass Communication

Jonathan Manes

University at Buffalo School of Law, State University of New York; Yale Law School - Information Society Project

David Schulz

Yale University - Law School

Date Written: October 4, 2018

Abstract

Amici are seventeen professors whose research and teaching primarily focus on constitutional law, First Amendment law, and media law. The professors have an interest in ensuring the continued operation of a free, fair, and robust press in the United States.

The sentencing of Terry Albury requires this Court to determine what criminal punishment should appropriately be imposed on a government employee who disclosed to a journalist information of significant public interest to his fellow citizens. In making that determination, this Court can and should consider the important First Amendment interests at stake. It is for this Court, at sentencing, to craft a punishment that properly weighs the constitutional protection of free speech and the public interest in the newsworthy disclosure at issue in this case against any actual harm to national security caused by Mr. Albury’s act of conscience. To aid the Court in making this determination, amici draw the Court’s attention to several factors that underscore the important interests that should weigh in the sentencing decision.

Keywords: First Amendment, Espionage Act, Whistleblower, Media Leak, Secrecy, Sentencing, Classification

Suggested Citation

Kitrosser, Heidi and Kabat, Patrick and Kirtley, Jane and Manes, Jonathan and Schulz, David, Brief of Amici Curiae Scholars of Constitutional Law, First Amendment Law, and Media Law in Support of the Defendant in United States v. Terry J. Albury (October 4, 2018). Available at SSRN: https://ssrn.com/abstract=3277572 or http://dx.doi.org/10.2139/ssrn.3277572

Heidi Kitrosser (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Patrick Kabat

The Information Society Project at Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Jane Kirtley

University of Minnesota - Twin Cities - Hubbard School of Journalism and Mass Communication

MN
United States

Jonathan Manes

University at Buffalo School of Law, State University of New York ( email )

613 O'Brian Halll, North Campus
Buffalo, NY 14260-1100
United States
(716) 645-6222 (Phone)

HOME PAGE: http://www.law.buffalo.edu/faculty/facultyDirectory/manes-jonathan.html

Yale Law School - Information Society Project ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

David Schulz

Yale University - Law School ( email )

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