In the near future a federal court will decide whether the prosecution of two former officials of the American Israel Public Affairs Committee (AIPAC) for allegedly mishandling classified information can proceed, or whether it must be dismissed on First Amendment grounds.
It will be a fateful decision either way.
If the prosecution is permitted to proceed, it would reflect an unprecedented determination that private individuals who are not engaged in espionage can be punished for receiving and transmitting national defense information. Such a finding would instantly transform many national security reporters, researchers and others into potential criminals.
If the case is dismissed, it would imply a bold affirmation of First Amendment values against the encroachment of a Justice Department that keeps testing its ever-expanding boundaries.
In their latest pleading (pdf), the defendants called the attention of Judge T.S. Ellis, III, to a new decision of the U.S. Supreme Court which they said supports their argument for dismissal of the AIPAC case.
The Supreme Court decision last week, in a case called Garcetti v. Ceballos, held that when a government employee makes a statement as part of his official duties, he does not enjoy First Amendment protections against retaliation by his employer. The decision was widely viewed as a defeat for whistleblower rights.
But attorneys for the former AIPAC defendants pointed to the sharp distinction made by the Supreme Court between the speech of a government official, which the Court said is not protected by the First Amendment, and the speech of a member of the public, who still possesses First Amendment rights.
“Ceballos confirms the defendants’ argument that while it may be proper to sanction a government employee for certain types of speech, the First Amendment does not allow the government to punish subsequent oral transmissions by non-government individuals” like those in the AIPAC case, the defense attorneys wrote.
“The Motion to Dismiss should be granted.”
See “Defendants’ Notice of Supreme Court Decision Relevant to Defendants’ Joint Motion to Dismiss the Superseding Indictment,” filed June 2, 2006 in USA v. Rosen, Weissman.
The Administration has continued to push for further clean energy investments, but faces a difficult fiscal environment in Congress – which has meant shortfalls for many priority areas like funding for CHIPS and Science.
An analysis of the President’s FY25 budget proposal by the Alliance for Learning Innovation found a lot to like.
We’ve created a tool to monitor the progress of federal actions on extreme heat, enhance accountability, and to allow stakeholders to stay informed on the evolving state of U.S. climate-change resilience.
Wickerson was a few years into their doctoral work in material science and engineering at Northwestern University when the prospect of writing a policy memo with FAS cropped up at a virtual conference.