By JOSH MEYER
Below is an unabridged version of a backround brief for which I did extensive resarch on behalf of participants of the March 21, 2014 symposium, Sources & Secrets, which will be a gathering of top journalists, national security scholars and government officials to talk about the conflicts that arise when the state tries to protect its secrets and the media tries to report on them for the public good.
This briefing (Download PDF) covers the major legal issues that reporters confront when covering national security, and explains some of the key laws and regulations. Key topics:
- The use of the Espionage Act and other statutes to go after reporters’ sources
- The erosion of the reporter’s privilege in defending against subpoenas and other demands for information
- Leak investigations aimed at national security journalists and their sources
- The Justice Department guidelines on subpoenas, including recent revisions
- The provisions and prospects of a federal media shield law
- The relevant provisions of the USA PATRIOT Act
