We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.
First Amendment | Law | National Security Law
Harold Edgar & Benno C. Schmidt Jr.,
The Espionage Statutes and Publication of Defense Information,
Colum. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3025
This article originally appeared in 73 Colum. L. Rev. 929 (1973). Reprinted by permission.