The Times or the Post or any other news agency cannot be prosecuted for receiving the information under the first amendment.
Agreed. I should have been more careful in clarifying that.
But let’s not forget that the Obama DOJ asserted just that in their justification for the warrant to wiretap James Rosen... that the act of a journalist soliciting classified information was criminal. I’m assuming all of the ‘journalists’ that have ‘checked with their well-placed sources inside the intelligence community’’ for the existence of FISA warrants are currently under surveillance then? After all, isn’t that soliciting classified information?