The Classified Information Protection Act: Killing the Messenger or Killing the Message
The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If the bill is passed, it would undoubtedly serve to chill important debate on matters of public interest. Finally, this article will mention some possible alternatives to the bill, which could be implemented to protect the government's legitimate need for secrecy while balancing the First Amendment rights of government employees and the press.
Note, The Classified Information Protection Act: Killing the Messenger or Killing the Message, 51 Clev. St. L. Rev. 455 (2002-2003)