Criminal Prohibitions on the Publication of Classified Defense Information

Summary

The recent online publication of classified defense documents by the organization Wikileaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.