She can be charged

By: crunchgodabruinknees



for receiving the classified information, I think. Publishing it is protected, but I think her sexual favors could be positioned as bribery and incitement. Is a BJ a bribe?

Writing in the Harvard Law and Policy Review, University of Chicago Law Professor Geoff Stone asks whether or not it would even be constitutional for such a prosecution to be brought:

At this point, it is necessary to return to the three ways in which journalists might obtain classified information from public employees: (1) bribery, coercion, or fraud; (2) solicitation, persuasion, or incitement; and (3) passive receipt. In the real world, of course, the lines blur, for the relationships between journalists and their sources are subtle and complex. Nonetheless, unless we embrace an all-or-nothing approach for the sake of simplicity, distinctions must be made. 

Situations (3) and (1) are the most straightforward. Situation (3) is illustrated by the Pentagon Papers case, in which Daniel Ellsberg sent the Papers unsolicited to Neil Sheehan of the New York Times. A similar situation arose in Bartnicki v. Vopper, in which Vopper, a radio commentator, aired a tape recording of an unlawfully intercepted telephone conversation that an anonymous source had mailed to him. In both cases, the journalists passively received the information, though both knew or should have known that it had been obtained and disclosed to them unlawfully. 

 

Under traditional criminal law principles, both Sheehan and Vopper knowingly received “stolen” property. Nonetheless, because the information in both cases involved matters of public concern, both Sheehan and Vopper were protected by the First Amendment. As the Court explained in Bartnicki, when a journalist receives information “from a source who has obtained it unlawfully,” the journalist may not be punished for the receipt or publication of the information, “absent a need . . . of the highest order.” 


 

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