Government leaks and the Espionage Act at 100

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 22 June 2017

⏱️ 57 minutes

🔗️ Recording | iTunes | RSS

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Summary

Cybersecurity expert Paul Rosenzweig and Stephen Vladeck of the University of Texas explore the constitutional debate over leaks and their publication. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at editor@constitutioncenter.org. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:10.3	to We The People, a weekly show of constitutional debate.
0:14.0	The National Constitution Center is the only institution in America, chartered by Congress to disseminate
0:20.2	information about the U.S. Constitution on a nonpartisan basis.
0:25.1	And on today's show, we mark the 100th anniversary of the Espionage Act of 1917.
0:32.0	Happy Birthday Espionage Act!
0:34.4	Signed into law a hundred years ago
0:36.2	this month by President Woodrow Wilson.
0:38.5	The Espionage Act criminalizes any attempts
0:41.6	to undermine US war efforts and since the publication of the
0:45.1	Pentagon Papers in the early 1970s individuals who leak government information and the
0:50.8	journalists who cover them have been prosecuted under the Espionage Act.
0:54.0	The volume of prosecutions grew under President Barack Obama
0:58.0	and with the recent arrest of reality winner,
1:02.0	the first alleged leaker
1:03.1	under President Donald Trump, there's the promise of even more.
1:07.2	Are there constitutional issues raised
1:09.5	by Espionage Act prosecutions?
1:12.0	What may the government prosecute or not consistently with the First Amendment and more broadly
1:18.0	what should we think of the Espionage Act on its 100th anniversary?
1:21.6	Joining me to discuss this important question are two of
1:23.9	America's leading commentators on national security and the Constitution.
	...

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