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Lawfare Archive: 'National Security, Leaks and Freedom of the Press'

The Lawfare Podcast

CHAPTER

The Importance of Classification in the Pentagon Papers Regime

The commission made a number of recommendations at the level of amending, changing the Espionage Act. The Commission moved towards the idea that those institutions or even individuals who can show a certain level of general press-like behavior should be entitled to a shield against prosecution. That's really complicated under Supreme Court decision-making decisions on the First Amendment.

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