1917 law used to prosecute whistleblowers and journalists who expose classified information
The Espionage Act of 1917 is a federal law originally enacted to prosecute spies during World War I. It criminalizes the unauthorized obtaining, receiving, or disclosure of information related to national defense. While ostensibly aimed at foreign spies, the Act has been increasingly used to prosecute whistleblowers, journalists' sources, and anyone who discloses classified information — regardless of whether the disclosure served the public interest.
The Obama administration used the Espionage Act to prosecute more whistleblowers than all previous administrations combined. Edward Snowden was charged under the Act for revealing the NSA's unconstitutional mass surveillance programs. Chelsea Manning was sentenced to 35 years (later commuted) for providing evidence of war crimes to WikiLeaks. Reality Winner was sentenced to five years for leaking a single document about election interference. Daniel Hale was sentenced to 45 months for confirming the civilian death toll of the drone strike program.
Critically, the Espionage Act provides no public interest defense. A defendant cannot argue that their disclosure served democracy, exposed illegality, or prevented harm. The only question is whether classified information was disclosed without authorization. This makes the Act a uniquely powerful tool for punishing those who expose government wrongdoing — the person who reveals that the government is breaking the law is treated identically to a spy selling secrets to a foreign adversary.
