Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information

In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and not the press? I consider and reject two arguments. The first claims that the press has special moral claims by virtue of its rights (press freedom) or its role (the Fourth Estate; conduit for information). The second argument states that the leakers commit a greater wrong than the press. I conclude that the current prosecution practice is inconsistent: prosecutors should either prosecute both or neither.