This morning, the federal court in Alexandria, Virginia rejected a challenge to the constitutionality of the Espionage Act, which permits prosecution of anyone who knowingly publishes classified intelligence information. The challenge was brought by two lobbyists for AIPAC (The American Israel Public Affairs Committee) who received classified information from a Department of Defense analyst during the Clinton administration and who subsequently republished that information to others.
The ruling should make the editors and publishers of the New York Times extremely nervous. As I noted in testimony before the House Permanent Select Committee on Intelligence this past May, the New York times can be prosecuted under other provisions of the Espionage Act for its publication last December of our highly-classified and operationally-sensitive NSA surveillance program. Copy of my testimony is available here (registration required for download).