Publish Only the Official Leaks, or Face Investigation

May 20th, 2013

The Washington Post reported Sunday about a Justice Department investigation into James Rosen, Fox News’ chief political correspondent in Washington, for a story he wrote in 2009 that used apparently leaked classified information about North Korea:

Reyes wrote that there was evidence Rosen had broken the law, “at the very least, either as an aider, abettor and/or co-conspirator.” That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target.

Court documents show abundant evidence gathered from Kim’s office computer and phone records, but investigators said they needed to go a step further to build their case, seizing two days’ worth of Rosen’s personal e-mails — and all of his e-mail exchanges with Kim.

Privacy protections limit searching or seizing a reporter’s work, but not when there is evidence that the journalist broke the law against unauthorized leaks. A federal judge signed off on the search warrant — agreeing that there was probable cause that Rosen was a co-conspirator.

Journalists are not protected from searches when they report unauthorized “leaks” of classified information. Think about that: what that means is journalists should only feel safe to report information that they obtain through other channels or that the government intentionally releases to them.

There’s nothing free about a press that faces investigation for reporting information the government doesn’t made public.