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Wikileaks, The NYT, and the First Amendment

I was interviewed by Slate yesterday, for an article discussing why Joe Lieberman’s saber rattling about prosecuting the New York Times is an empty threat. The Brian Palmer article that came from that interview is here. My conclusion was that since the New York Times lawfully obtained the Wikileaks information, and it had no part in their procurement, there is no liability.

Of course, that begs the question of whether Wikileaks / Assange would be able to find shelter under the First Amendment as well. No sense in me re-writing the analysis, since Nick Bravin (also at Slate) wrote a pretty damn good analysis of the law here.

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