Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2013 Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information Heidi Kitrosser University of Minnesota Law School,
[email protected] Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Heidi Kitrosser, Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information, 6 J. NAT'L SEC. L. & POL'Y 409 (2013), available at https://scholarship.law.umn.edu/faculty_articles/98. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information Heidi Kitrosser* INTRODUCTION The stakes are higher now than ever before in determining the First Amend- ment protections due government insiders who leak classified information to the press. Prior to the George W. Bush administration, only one person in American history had been successfully prosecuted for such a leak, and only two prosecu- tions had been brought.' The Bush administration placed greater heat on leakers. It successfully prosecuted one leaker and opened investigations against others. The Obama administration turned the heat to levels that are stifling. By the end of its third year, the Administration had initiated six prosecutions, doubling the number previously brought by all past administrations combined.