- Sep 4, 2005
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Now, In the United States, where freedom of speech is a fundamental right, We are taking journalist to court to decide if they violated First Amendment rights? This must be a new America.
Freedom of Speech and of the Press is a right, but not an unlimited one, I've heard many say.
If they take this one to court, it'll be to find out if they obstructed a law enforcement operation in ways that could jeopardize public safety.
If this snippet is true:
Pablo Manriquez, Congressional reporter for Vanity Fair, posted leaked information on ICE raids planned for the D.C. suburbs of Northern Virginia this week, along with a warning to targets to stay off the highways in the area.
Then that's not journalism, that's just individual action that's leveraging his organization's sources (which include leaked information) so that he can engage in Twitter activism against laws he doesn't like on his personal Twitter feed.
Many states have laws against "Hindering Apprehension" specifically. And in some jurisdictions, it's rolled into their obstruction laws. DC is one such jurisdiction:
Second Degree.
An actor commits second degree obstruction of justice when the actor: (1) Knowing that an official proceeding or criminal investigation has been initiated for any crime; (2) With the purpose of obstructing or impeding a criminal investigation, apprehension, or the proper functioning and integrity of the official proceeding.
Even if he had done it within the context of an article, it wouldn't change the intent, which was to obstruct.
In other words, the intent was "I don't like this law, so I'm going to sabotage the police efforts to enforce it using leaked information"
If the police were planning on raiding a location known to be engaging in credit card fraud, and I took it upon myself to use my privileged sources/info via my job (my company assists with cybercrime research in a number of cases), and I know when they were going to act on it, and I hop on Twitter and say "Hey, the fuzz is going to raid this store, and these 3 homes day after tomorrow...so make sure you don't go to the store, and if you've got any of those fraudulent CC's laying around at home, make sure you plan accordingly"
...that would be considered obstruction, yes?
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