The Two Sides of the Assange Indictment

WikiLeaks founder Julian Assange has been re-indicted with violations of the Espionage Act. Journalists reacted to this, predictably, with worry that it will portend more charges against journalists for publishing classified information that it’s in the public’s interest to know. The intelligence community and state department types reacted, again predictably, pointing out that WikiLeaks was willfully negligent in publishing, failing to protect sources and methods at all.

The answer lies in the middle, of course. Assange is utterly condemnable. WikiLeaks beside him. Both for their poor showing of integrity, and for their assistances of foreign governments to the detriment of reason and democracy. Meanwhile, the long-standing traditions of the First Amendment are not so easily abandoned. Bad actors, acting in bad faith, to do bad things, are still afforded the protection of that hallowed law.

While there should be obvious civil liabilities for publishers that do real harm to individuals, the bar for criminality must remain set at active participation in the illicit gathering of classified or otherwise private materials. While the indictment of Assange indicates the prosecutors believe there are instances of that, and they should be able to seek to convict on those counts, the acts of mere publication, however unwise, should be protected.

The fact of a despicable individual not having a book to be thrown at them does not grant them even a modicum of redemption. However much one may hold bloodlust for the deserts menu to be trotted out, however vengeful the public attitude, and however blueballed it may find itself, the facts of a person’s character remain unchanged. A scoundrel is not more so for wearing an orange jumpsuit, and many innocents have worn them or the stripes.

The integrity of Julian Assange depends upon him alone. The integrity of the First Amendment, infinitely more important and more valuable than Assange, depends on the collective effort to see it used as wisely as possible, but to see it defended against the overreach of prosecutors under any and all circumstances.


The governments of the world, employing confidential and covert sources and methods, would do well to properly compartmentalize that information so that no organization or individual could meaningfully corrupt their capabilities. The technical capabilities to mask documents and databases, to keep informants and operatives safe, must be taken as seriously as possible (including against the corrupt interests of a lunatical president and a pliant attorney general).

As damaging as the WikiLeaks releases have been (alongside other acts of espionage against the nation), they could have been far less so if the government and military did more to protect identities.