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May 22, 2013
Geoffrey R. Stone

Freedom of the Press and Criminal Solicitation

Edward H. Levi Distinguished Service Professor of Law, University of Chicago

Striking the right balance between the government's legitimate need for confidentiality, the press' legitimate need to obtain information about government action, and the public's "right to know" what its representatives are up to, is a difficult and delicate task. All three branches of the federal government have a role to play in striking this balance. The president can exercise restraint (indeed, no reporter has ever been criminally prosecuted for soliciting classified information, even though it is apparently a common practice), the Congress can (and should) enact laws defining criminal conduct in this context more clearly, and the judiciary can better define the protections of the First Amendment. All three branches need to think harder about this issue.

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