Press-related prosecutions under the Espionage Act
Legal filings in Espionage Act prosecutions of individuals accused of disclosing information to the press and public
This Reading Room contains key court filings related to all Espionage Act prosecutions of those accused of disclosing information to the press or to the general public. Passed more than a century ago, the Espionage Act has long been used by the government to prosecute whistleblowers for disclosing information to the press. Recently, there has been an uptick in these prosecutions under the Obama and Trump administrations, which have charged more whistleblowers under the Espionage Act than all prior administrations combined. For an interactive graph and chart of all press-related prosecutions under the Espionage Act, click here.
Showing 161–170 of 176
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District Ct. Op., United States v. Rosen et al., 445 F. Supp. 2d 602 (E.D. Va. 2006)
District court's denial of Rosen and Weissman's motion to dismiss. The court rejected an argument that Section 793(g) of the Espionage Act is unconstitutionally vague, in part because it requires that the defendant act "willfully." It also rejected facial and as-applied First Amendment challenges, by balancing the government's interest in national security against the public's right to information and concluding that the statute is permissible because it is limited to disclosures of information that are potentially harmful to the United States.
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Tr. re: Franklin Sentencing Hearing, United States v. Franklin, No. 1:05-cr-225 (E.D. Va. Jan. 20, 2006)
Transcript of Franklin's sentencing hearing.
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Plea Agreement re: Lawrence Franklin, United States v. Franklin, No. 1:05-cr-225 (E.D. Va. Oct. 5, 2005)
Franklin's plea agreement.
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Plea Agreement Statement of Facts re: Lawrence Franklin, United States v. Franklin, No. 1:05-cr-225 (E.D. Va. Oct. 5, 2005)
Statement of facts accompanying Franklin's plea agreement.
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Indictment re: Lawrence Franklin, Steven Rosen & Keith Weissman, United States v. Franklin et al., No. 1:05-cr-225 (E.D. Va. Aug. 4, 2005)
Grand jury indictment charging Franklin, Rosen, and Weissman with conspiracy to violate Sections 793(d), (e) and (g) of the Espionage Act.
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Indictment re: Lawrence Franklin, Steven Rosen & Keith Weissman, United States v. Franklin et al., No. 1:05-cr-225 (E.D. Va. Aug. 4, 2005)
Grand jury indictment charging Franklin, Rosen, and Weissman with conspiracy to violate Sections 793(d), (e) and (g) of the Espionage Act.
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Criminal Compl. re: Lawrence Franklin, United States v. Franklin, No. 1:05-mj-00309 (E.D. Va. May 3, 2005)
Criminal complaint listing Franklin's charges under Section 793(d) of the Espionage Act.
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Appellate Ct. Op., United States v. Morison, 844 F.2d 1057 (4th Cir. 1988)
Fourth Circuit's affirmance of Morison's conviction. The court held that the text of Sections 793(d) and (e) of the Espionage Act indicate that the provisions may be applied to defendants who give information to the press, and rejected Morison's argument that this violates the First Amendment. It also held that the provisions were not unconstitutionally vague or overbroad.
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District Ct. Op., United States v. Morison, 622 F. Supp. 1009 (D. Md. 1985)
District court's grant of the Government's motion to exclude testimony relating to Morison's patriotism. The court held that such testimony was irrelevant to a prosecution under the Espionage Act, rejecting Morison’s argument that the statutory element of “willfully” delivering information relating to national defense requires showing bad motive.
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District Ct. Op., United States v. Morison, 604 F. Supp. 655 (D. Md. 1985)
District court's denial of Morison's motion to dismiss. The court held that Sections 793(d) and (e) of the Espionage Act were neither unconstitutionally vague nor overbroad: finding Section 793(d). The court also rejected an argument that the legislative history of the Espionage Act indicates that these provisions were intended only to cover “the classic espionage" setting.