Permitting journalists to publish anything and everything that gets leaked to them, under no possible threat of prosecution, would make it nearly impossible to prosecute a leaker, since the harmlessness of the leak would automatically be demonstrated the moment a journalist makes the decision to publish the classified information. After all, in Friedersdorf’s least-bad system, it’s journalists who decide what can and can’t be made public, based in part on their assessment of the likely public harm. This means that as soon as classified information gets published by a journalist, the leaker would instantly be exonerated.
To which many will no doubt respond: So what? That’s exactly how it should work!
Except for one additional consideration, which Kinsley raised in his original review. In the age of blogs, portable audio and video recording, instant messaging, and social media platforms, “it is impossible to distinguish between a professional journalist and anyone else who wants to publish his or her thoughts.”
We’re all journalists now.