The Supreme Court announced this week that after an investigation it could not discern who had leaked the draft decision on abortion rights. Trump said that the journalists who published it should be sent to prison.
It’s unclear why Trump believes that the publishers of the Supreme Court leak could be arrested, as legal protections for journalists typically allow them to publish such documents without facing retribution or challenges from the state, as long as the information isn’t deemed a threat to national security interests.
“A journalist can’t be punished for publishing info that was obtained illegally, as long as the journalist didn’t do anything illegal,”, a first amendment rights advocacy group, states. “The government has never prosecuted a journalist for publishing leaked information. If it tried, it’s likely they’d have to demonstrate ‘direct, immediate and irreparable harm’ caused by the publication.”
If the Supreme Court investigation had been successful, it’s possible it would have resulted in employment termination or other consequences for the leaker — but ultimately,, unless they obtain the materials through a hack into Court computers or through other illicit means. Trevor Timm, president of the Freedom of the Press Foundation, lambasted Trump for suggesting that journalists and publishers should be imprisoned for not revealing their sources.
“Trump’s statement isn’t exactly surprising, given he’s been saying similar things on the campaign trail, but it is appalling,”“No president should be allowed to threaten reporters with jail in order to reveal their sources. … Even a former president, or someone running for the position, saying this can have a chilling effect” on the state of journalism, Timm added.
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