Relevant:
- Harvard CitizenMediaLaw Center Blasts NH Court Ruling Against ML-Implode
- Cash Price Or Credit Surcharge? Supreme Court Says That Might Be First Amendment Question
- New Hampshire Suit Challenges Mortgage Blogger's Use of Anonymous Sources
- ML-Implode Wins Reversal In NH Supreme Court Case; Re-Posts Materials on Mortgage Specialists’ Fraud
- Leaked U.S. Army Document Outlines Plan For Re-Education Camps In America
2009-12-02 — volokh.com
This raises pretty serious First Amendment questions, as well as other questions. The Supreme Court held in Bartnicki v. Vopper that a speaker is entitled to publish speech on matters of public concern even when the speech consisted of a third party’s illegal interception of a phone conversation (so long as the speaker isn’t in cahoots with the illegal intercepter). I think the same should apply to illegally leaked information. There are also potentially interesting questions regarding journalists’ qualified privilege not to reveal confidential sources (New Hampshire law expressly recognizes such a privilege).
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