![]() ![]() Other journalists and publishers in the past have been prosecuted under the Espionage Act, but mostly for criticizing and trying to curtail the military draft during the First World War.Īssange became the first journalist prosecuted under sections of the Act that make it a crime to have (or even attempt to have) unauthorized possession of defense material, and separately, to communicate it, since technically neither he nor anyone working for WikiLeaks were authorized to do so. shortly after they were made law and are no longer on the books. Punishing such legitimate criticism of government historically amounted to a charge of sedition, but two sedition acts were repealed in the U.S. and British governments might well consider the enemy.Īssange revealed crimes and corruption by the state. government, which based the Espionage Act on the British Official Secrets Act.Īssange did not pass state secrets to an enemy of the United States, as in a classic espionage case, but rather to the public, which both the U.S. Assange’s arrest and indictment comes within a long line of government repression of a free press, first by the British against American colonists, and then by the U.S. Threats to press freedom are an integral part of U.S. Baraitser challenged none of those counts in her judgement. If Assange ultimately loses his appeal he would be brought to the Eastern District of Virginia to face 17 Espionage Act counts, amounting to 175 years in prison. treaty) and that Assange’s prosecution violates his right to free speech. ![]() prosecution is politically motivated (a political offense bars extradition in the U.S.-U.K. The publisher has launched a new appeal to the High Court on several new grounds, including that the U.S. The Biden administration won its appeal, convincing the High Court in London to believe its promises that it would not mistreat Assange. on health grounds and because of the onerous conditions of U.S. Instead it appealed Judge Vanessa Baraitser’s January 2021 decision not to extradite Assange to the U.S. President Joe Biden’s Department of Justice has not reversed Trump’s move to continue to seek Assange’s extradition from Britain though it could have. The Trump administration’s first indictment of a publisher opened an alarming precedent for the future of journalism.Īssange’s arrest, April 11, 2019. A 1961 amendment made it possible to indict a non-U.S. Until that legal conflict is resolved in court, resulting in parts of the Espionage Act being found unconstitutional, the language of the Act threatening press freedom remains.īolstered by 1950 amendments to the Act, the Donald Trump administration crossed a redline to arrest a journalist. administrations came close to punishing journalists for revealing defense information, they both failed, until Assange.Ī major hurdle for the government is overcoming the conflict between the Espionage Act and the First Amendment, which prohibits Congress from passing any law, including the Act, that abridges press freedom. ![]() One of the latest ways was to arrest WikiLeaks publisher Julian Assange four years ago today and to indict him - the first time a publisher and journalist has ever been charged under the 1917 Espionage Act for possessing and publishing state secrets. If Julian Assange is extradited he will face prosecution under a severe espionage law with roots in the British Official Secrets Act that is part of a history of repression of press freedom, reports Joe Lauria.ġ950 Amendment Made ‘Practically Every Newspaper in the US and All Publishers, Editors and Reporters into Criminals Without Their Doing Any Wrongful Act’įrom its earliest years the United States has found ways to deny the rights of a free press when it was politically expedient to do so. ![]()
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