This isn't the UK; it is not a violation of US law to publish classified information; the violation is when a person with legitimate access to classified information disseminates it to an unauthorized person (see, e.g., 18 USC ยง 798).
To date, the closest the US government has come to prosecuting a publisher was the attempt in the Pentagon Papers case to enjoin publication; SCOTUS struck down the effort, calling prior restraint "the most serious and least tolerable infringement on First Amendment rights." USG has not been anxious to go after publishers since then.
For example, State counsel Harold Koh, in a letter to Wikileaks demanding the removal of unredacted classified information, noted that the materials "were provided in violation of U.S. law ... As long as WikiLeaks holds such material, the violation of the law is ongoing." (Emph original.)
Koh did not state that WikiLeaks was violating US law, but that the person who provided the documents (Manning) had done so, and that the offense was a continuing one. He did not charge Wikileaks, or any of its members, with having broken the law, only that their source was continuing to do so.
There is no case law regarding whether USG can convict a publisher for obtaining classified material, but similar cases (e.g., Bartnicki v. Vopper) suggest that this would be difficult.
Having said that, the Obama administration has been historically aggressive in prosecuting leakers, including naming a journalist (FOX News reporter James Rosen) as an unindicted co-conspirator for receiving classified information from a State source.
If AMZN was talked into dropping Wikileaks, it wasn't because of criminal activity by the publisher; it was because of political pressure from the administration. Not the same thing.
To date, the closest the US government has come to prosecuting a publisher was the attempt in the Pentagon Papers case to enjoin publication; SCOTUS struck down the effort, calling prior restraint "the most serious and least tolerable infringement on First Amendment rights." USG has not been anxious to go after publishers since then.
For example, State counsel Harold Koh, in a letter to Wikileaks demanding the removal of unredacted classified information, noted that the materials "were provided in violation of U.S. law ... As long as WikiLeaks holds such material, the violation of the law is ongoing." (Emph original.)
Koh did not state that WikiLeaks was violating US law, but that the person who provided the documents (Manning) had done so, and that the offense was a continuing one. He did not charge Wikileaks, or any of its members, with having broken the law, only that their source was continuing to do so.
There is no case law regarding whether USG can convict a publisher for obtaining classified material, but similar cases (e.g., Bartnicki v. Vopper) suggest that this would be difficult.
Having said that, the Obama administration has been historically aggressive in prosecuting leakers, including naming a journalist (FOX News reporter James Rosen) as an unindicted co-conspirator for receiving classified information from a State source.
If AMZN was talked into dropping Wikileaks, it wasn't because of criminal activity by the publisher; it was because of political pressure from the administration. Not the same thing.