The buzz over here in the US is that the precedent of the Pentagon Papers - which were unequivocally stolen, top secret documents - being published by The New York Times and The Washington Post in the 1970's establishes a precedent for legally publishing such documents (Court case of The New York Times Company vs. The United States) The man who actually stole the papers and gave them to the New York Times was arrested and went to court, but it ended in a mistrial. The Supreme Court ruled against the government's attempt to prevent publication 6-3, but also made it clear that the ability to publish such information is not unlimited.SancheztheWhaler wrote:Not being a lawyer, I'm not sure what the legal terms are. I'm fairly certain, however, that it is illegal to posses and/or release secret and confidential government documents. That's irrelevant to the point, however, which is that if the US really wants to get Assange, they could conceivably concoct a charge that fits the crime.
In an interesting insane twist - the Pentagon Papers are STILL classified as top secret... even though they've been published more than once by non-government sources.
Anyhow - since Assange didn't steal these documents himself, and WikiLeaks is arguably a journalism outlet, the legal precedent may well provide him some shielding from US law. If they want to drag him into court they'll have to do it on a charge other than theft, and probably other than publishing government documents. I have no doubt government lawyers are spending long hours trying to come up with a basis on which to charge him, but yes, the US holds the First Amendment guaranteeing freedom of the press so highly they have, in the past, allowed top secret papers about a current war to be published without penalty in the press. Personally, I wouldn't want to be my freedom on it as the US has changed over the past 40 years, but there you go.