In this episode: The Espionage Act of 1917, one of the most contentious statutes relating to the First Amendment, is back in the news following the indictment of President Donald Trump for allegedly mishandling classified documents. What is the Espionage Act and how has it been used over time? Legal scholar Heidi Kitrosser, author of Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, and political historian Sam Lebovic, author of State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime, explore the origins, history, and constitutional legacy of this World War I-era law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was streamed live on December 4, 2023.

Resources:

·      Sam Lebovic, State of Silence: The Espionage Act and the Rise of America's Secrecy Regime

·      Espionage Act of 1917 and Sedition Act of 1918 (1917-1918)

·      Defense Secrets Act of 1911

·      The Alien and Sedition Acts (1798)

·      Schenck v. United States (1919)

·      Heidi Kitrosser, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution

·      Gorin v. United States, 312 U.S. 19 (1941)

·      Heidi Kitrosser and David Schulz, “A House Built on Sand: The Constitutional Infirmity of Espionage Act Prosecutions for Leaking to the Press”

·      United States v. Morison (4th Cir. 1988)

·      Heidi Kitrosser, “The Espionage Act After the Mar-a-Lago Indictment,” Lawfare

·      United States v. Morison (4th Cir. 1988)

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