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No. of Recommendations: 10
the NSA info was classifed Top Secret and was leaked illegally to the press. Somebody just bought themselves a jail term or 3.

I'm willing to bet that if the leaker is found, that the defense raised will be that the gov't conduct was illegal and unconstitutional, and that it therefore cannot be protected.

The parallel to this is the prosecution of John Peter Zenger for seditious libel in pre-revolution days. The jury refused to convict because, although it was undisputed that publication had taken place, the matters published were true. Thus was born the concept of truth being an absolute defense to a charge of defamation.

And I think that is what we will see here if a leaker is caught, a claim that the gov't cannot make it criminal to expose its own legal or unconstitutional conduct.

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