To Publish Leaks Or Not to Publish?

An organization has obtained secret documents. They are newsworthy, but they could be damaging as well, to national interests and individuals. Do you publish?

News organizations are confronting that question as aggressive tactics like those of WikiLeaks become more common in an age of fast-moving information. The roughly quarter-million cables released Sunday comprise a sampling of the traffic between the State Department and several hundred embassies and consulates. They include information about the conflict between the U.S. and Pakistan over nuclear fuel, Washington's discussions with South Korean officials about the future of North Korea, and bargaining with other countries over how to empty the Guantanamo Bay prison. Anthony E. Varona, professor and associate dean at American University-Washington College of Law, said the line is still unclear between "giving the public the news it has a First Amendment right to receive and serving as instruments of lawlessness." He added that the courts had ruled on both sides of the argument over the years. "The bottom line is whether publication by WikiLeaks, with amplification by the traditional news media, will advance the public interest and the First Amendment or threaten their very existence," Mr. Varona said. "The next several days will reveal much along these lines."