• by Ray Schultz , July 9, 2023

Proposed changes to the National Defense Authorization Act would restrict prosecutions under the Espionage Act to those involving…espionage. 

The amendments suggested by Rep. Rashida Tlaib (D-Michigan) would not allow prosecutions of journalists, publishers and members of the public in general, according to the Freedom of the Press Foundation. 

• Rather, the alternations would:
• Require the government to prove whistleblowers and other defendants intended to harm the U.S. (as opposed to, for example, exposing government crimes to stop them).
• Permit defendants to testify regarding the purpose of their disclosures.
• Allow defendants to prove their disclosures served the public interest.
• Limit prosecutions to cases involving properly classified information (the law predates the severely broken classification system and instead refers to “national defense” information).

“Yes, Tlaib introduced the same amendment last year, and yes, reforming a law as beloved by the many secrecy fanatics in our government as the Espionage Act will be an uphill battle,” writes Seth Stern, director of advocacy for the Freedom of the Press Foundation.  “But it’s one we need to keep fighting, especially when the current administration continues former President Trump’s abuse of the Espionage Act to criminalize routine journalism." 

According to Stern, the changes would limit the act’s reach to “government employees under a duty to protect confidential information.”