2009-12-02volokh.com

This raises pretty serious First Amendment questions, as well as other questions. The Supreme Court held in Bartnicki v. Vopper that a speaker is entitled to publish speech on matters of public concern even when the speech consisted of a third party’s illegal interception of a phone conversation (so long as the speaker isn’t in cahoots with the illegal intercepter). I think the same should apply to illegally leaked information. There are also potentially interesting questions regarding journalists’ qualified privilege not to reveal confidential sources (New Hampshire law expressly recognizes such a privilege).


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