We’re deeply skeptical that prosecuting WikiLeaks would be constitutional, or a good idea. The courts have made clear that the First Amendment protects independent third parties who publish classified information. Prosecuting WikiLeaks would be no different from prosecuting the media outlets that also published classified documents. If newspapers could be held criminally liable for publishing leaked information about government practices, we might never have found out about the CIA’s secret prisons or the government spying on innocent Americans. Prosecuting publishers of classified information threatens investigative journalism that is necessary to an informed public debate about government conduct, and that is an unthinkable outcome.

Groups caution public officials against prosecuting third parties for publishing leaked government documents

News / Commentary:

• Signed, Unsealed and Stay Tuned (1/10/2011)
• Government Requests For Twitter Users' Personal Information Raise Serious Constitutional Concerns, Says ACLU (1/8/2011)
• First Amendment Groups Urge Protections In Aftermath Of WikiLeaks Document Release (12/22/2010)
• ACLU LENS: WikiLeaks Hearing: ACLU Says First Amendment Protects Third Party Publishers (12/17/2010)
• Prosecuting WikiLeaks For Publishing Documents Would Raise Serious Constitutional Concerns, Says ACLU (12/1/2010)
• Wikileaks Doc: U.S. Tried to Stop Accountability Abroad (11/29/2010)
• U.S. Pressured Germany Not To Prosecute CIA Officers For Torture And Rendition (11/29/2010)
• ACLU And EFF File To Intervene In Internet Free Speech Lawsuit (2/27/2008)
• The Software That Stares at Goats? Pentagon Building System For Massive E-Mail Privacy Violation (11/1/2010)
• Bank Drops Case Against Wikileaks (3/6/2008)
• Free Speech Triumphs in Wikileaks Case (2/29/2008)
• Waging War with the Internets (2/27/2008)

Resources / Reports:

• Open Letter To Public Officials About WikiLeaks (12/22/2010)
• ACLU Statement for House Judiciary Committee Hearing on WikiLeaks and the Espionage Act (12/16/2010)
• Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al -- Notice of Appearance (2/26/2008)
• Motion to Intervene in Bank Julius Baer v. Wikileaks (2/27/2008)