General Discussion
In reply to the discussion: A very serious question: Is this treason? [View all]onenote
(46,207 posts)As a first amendment matter, the press generally has the right to publish information even if that information has been obtained illegally. Indeed, Daniel Ellsworth was charged with theft of government property in connection with the Pentagon Papers (although those charges were later dropped). Some, if not all, elements of the media routinely publish stolen photos and videos, often very embarrassing. One argument is in those instances privacy rights should be given stronger protection than the media's first amendment rights since the information does not relate to matters of important public interest (as opposed to prurient interest). On the other hand, the right of the press to disclose information that concerns matters of public import -- including candidates for election -- generally would be viewed as outweighing the privacy interests of those from whom the information was illegally taken.
(This doesn't mean that the media itself can steal information with impunity, of course. Just means that they can publish information obtained by others, whether legally or illegally).
Finally, apart from the legal issues, there are ethical issues. But in today's world, someone is going to publish just about anything.