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1. Quick take on constitutionality of Assange indictment (but I reserve the right to amend/reconsider!): Insofar as Counts 2-14 turn on Assange urging Manning to leak, prosecutors *might* have to satisfy Brandenburg--but it also might be simple for them to do so.
@steve_vladeck
@steve_vladeck
2/ Culpability in 2-14 based on "pure" receipt (not assisting the leak) would raise constitutional questions, but those counts also allege aiding/abetting (see #1, above).
3/ Counts 15-17 plainly raise the most serious free speech questions--but they're only three of 18 counts.
3/ Counts 15-17 plainly raise the most serious free speech questions--but they're only three of 18 counts.
4/ Constitutionality of Counts 15-17 doesn't turn on whether Assange is a "journalist."
5/ Need to think further about the alleged conspiracies in Counts 1 and 18.
5/ Need to think further about the alleged conspiracies in Counts 1 and 18.
