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From Spies to Leakers: The History of the Espionage Act

Live at the National Constitution Center

English - December 05, 2023 21:04 - 1 hour - ★★★★★ - 70 ratings
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The Espionage Act of 1917, one of the most contentious statutes relating to the First Amendment, is back in the news following the indictment of President Donald Trump for mishandling classified documents. What is the Espionage Act and how has it been used over time? Legal scholar Heidi Kitrosser, author of Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, and political historian Sam Lebovic, author of State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime, explore the origins, history, and constitutional legacy of this World War I-era law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Additional Resources

Sam Lebovic, State of Silence: The Espionage Act and the Rise of America's Secrecy Regime

Espionage Act of 1917 and Sedition Act of 1918 (1917-1918)

Defense Secrets Act of 1911

The Alien and Sedition Acts (1798)

Schenck v. United States (1919)

Heidi Kitrosser, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution

Gorin v. United States, 312 U.S. 19 (1941)

Heidi Kitrosser and David Schulz, “A House Built on Sand: The Constitutional Infirmity of Espionage Act Prosecutions for Leaking to the Press”

United States v. Morison (4th Cir. 1988)

Heidi Kitrosser, “The Espionage Act After the Mar-a-Lago Indictment,” Lawfare

United States v. Morison (4th Cir. 1988)

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Continue the conversation on Facebook and Twitter using @ConstitutionCtr.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
Please subscribe to Live at the National Constitution Center and our companion podcast We the People on Apple Podcasts, Spotify, or your favorite podcast app.

The Espionage Act of 1917, one of the most contentious statutes relating to the First Amendment, is back in the news following the indictment of President Donald Trump for mishandling classified documents. What is the Espionage Act and how has it been used over time? Legal scholar Heidi Kitrosser, author of Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, and political historian Sam Lebovic, author of State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime, explore the origins, history, and constitutional legacy of this World War I-era law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.


Additional Resources


Sam Lebovic, State of Silence: The Espionage Act and the Rise of America's Secrecy Regime
Espionage Act of 1917 and Sedition Act of 1918 (1917-1918)
Defense Secrets Act of 1911
The Alien and Sedition Acts (1798)
Schenck v. United States (1919)
Heidi Kitrosser, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution
Gorin v. United States, 312 U.S. 19 (1941)
Heidi Kitrosser and David Schulz, “A House Built on Sand: The Constitutional Infirmity of Espionage Act Prosecutions for Leaking to the Press”
United States v. Morison (4th Cir. 1988)
Heidi Kitrosser, “The Espionage Act After the Mar-a-Lago Indictment,” Lawfare
United States v. Morison (4th Cir. 1988)



Stay Connected and Learn More

Continue the conversation on Facebook and Twitter using @ConstitutionCtr.

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Please subscribe to Live at the National Constitution Center and our companion podcast We the People on Apple PodcastsSpotify, or your favorite podcast app.

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