Sunday, December 12, 2010

Prior Restraint

Like Nixon's attempt to keep the New York Times from publishing the Pentagon Papers (see New York Times Co. v. United States), no attempt to keep WikiLeaks from publishing the documents they have will be successful. Even if they can find a way to prosecute Assange for publishing what he has, the US government can't stop any of the other documents from coming out unless they contain specific information endangering specific people.

Arguably, some of the documents already released have given away the identities of people working as informants for the US in Afghanistan, but, so far, nobody seems to have been killed because of it. As long as WikiLeaks takes care to keep people who may become targets under wraps, the US really has no way to keep the rest of the documents from coming out.

Is Assange a Spy?

I think this video sums it up.



It should also be noted that Joe Lieberman believes it may be worth the trouble to investigate the New York Times for publishing the info posted on WikiLeaks.