Click Here The law that couldn’t keep a secret
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Nov 7, 2025 
Stephen Vladeck, a Georgetown Law professor and national security law expert, delves into the Espionage Act's evolution from its World War I origins to its current controversial use against leakers and the press. He discusses the law's expansive reach, citing cases like the Pentagon Papers that shifted focus to insiders. Vladeck raises concerns about potential threats to journalists, the Supreme Court's silence on protections, and recent policy changes under the Trump administration that risk journalists' freedoms. He also offers practical advice for reporters navigating this precarious landscape.
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Origins Of The Espionage Act
- The Espionage Act was enacted in World War I to stop conventional foreign espionage.
- It was written before modern First Amendment and criminal specificity precedents, so it uses a sledgehammer approach.
The Pentagon Papers Turning Point
- Daniel Ellsberg leaked the Pentagon Papers and faced prosecution under the Espionage Act.
- The charges were dropped but the case showed the law could be stretched to target leakers to the press.
Leaking Became Prosecuteable
- A 1985 case against Samuel Morrison expanded the Act's reach to simple leaking.
- The precedent made intent to aid a foreign power irrelevant; potential benefit to a foreign power sufficed.