They'll hide in that grey area of the Constitution, no doubt...
So what exactly protects journalists from prosecution for leaking classified materials? And what exactly immunizes them from revealing their sources that comprimise national security?
"So what exactly protects journalists from prosecution for leaking classified materials? And what exactly immunizes them from revealing their sources that comprimise national security?"
SO JUST WHY IN HELL DO JOURNALISTS RECEIVE CLASSIFIED INFORMATION IN THE FIRST PLACE!?!?!?!?!?!?!? WHY?
They'll hide in that grey area of the Constitution, no doubt...
Attention all: individuals without clearance (e.g., journos) are not subject to prosecution regarding classified materials.
However, cleared leakers are subject to various terms of imprisonment and fines, depending upon the statute.
And I hope these CIA and NSA leakers are prosecuted to the max.
Rant on: 99.99 percent of cleared people respect and comply with the terms of their clearance, even to the point (in the old NSA) of not telling their families what they do for a living. The remaining .01 percent who talk to the press and whine and complain are breaking their legal and moral commitments to maintain secrecy. If they have a problem they should be going to agency counsel and not to the Wash Post or NYT. It is obscene.
Rant off.
Nothing...nowhere in the Constitution does it say journalists are allowed to break the law, then get some kind of immunity becasue they are journalists.
Start with the Pentagon Papers case.
I think the issue is that there is nothing constitutional protecting them from revealing their sources, i.e., they can be held and jailed in contempt of court.
As I understand it there is no protection accorded to anyone in any occupation for leaking classified information which is clearly a crime. On the other hand, a "whistle blower' is sometimes granted immunity if he goes to the appropriate legal entity (e.g. the Senate Intelligence Committee, etc.). It becomes a little ambiguous when the leaker is not a journalist but one who gives the journalist the information. The leaker is guilty but is the leakee?