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a moment when it comes to the government view. what prosecutors articulated was the disclosure of classified information is not fond of as protected speech. it is a criminal act. although it manifests itself in speech it is like saying let s sell heroin. let s go commit murder which is also a speech but can be criminalize. in their view of the first amendment was irrelevant. playing no role in the case. because the information was classified the first amendment goes out the window. so now want to turn to can. thoughts? i don t think you need to even get to that absolute position on whether the first amendment applies or not. the espionage statute have their problems and we will talk about that later on. but the first amendment challenges and prevents the statutes as drafted are permitted. or constitutionally permissible. we need to go to that point in order to argue against a reporter or person in position charged with a non-government employer charged with disseminating in