Constitutional Law

Asked about WikiLeaks, Breyer gives away little

By By The Associated Press

WEST PALM BEACH, Fla. ? Supreme Court Justice Stephen Breyer tantalized a Florida audience with his comments yesterday about the case of WikiLeaks founder Julian Assange, but gave away little about his legal stance.

Appearing at a joint gathering of the Forum Club of the Palm Beaches and the Palm Beach County Bar Association, Breyer took a question from a high school student who asked about the legality of whistleblowing as seen on WikiLeaks.

"Usually what's at stake is the First Amendment. The First Amendment protects expression, it doesn't protect all expression," Breyer said. "The cases are all over the place."

The justice said disclosing the specifics of a secret weapon would not be permissible, just as shouting "Fire!" in a crowded theater isn't. But he gave no inkling to his stance on Assange's publishing of a massive cache of confidential U.S. military and diplomatic documents and whether that was legal.

"The best thing I can say is, 'It depends,'" Breyer said. "What a terrible answer."

While the leaks have not come up in court, Assange is wanted for questioning in Sweden on sex-crimes allegations. Some of his supporters have suggested that case arose as part of a U.S.-led plot to prosecute him or blacken his reputation in retaliation for his leaks.

On other subjects, Breyer spoke briefly about the 2000 presidential recount.

The justice, who was appointed to the high court by President Bill Clinton, said the Bush v. Gore ruling "was totally wrong" and that the case should have never been heard. He drew wide applause and laughter for his position.

"I did what I normally do when I am in dissent: I try to reveal in a very calm, clear argument that the other side is totally out to lunch," he said.

And employing some more humor, Breyer gave a bit of advice to President Barack Obama, should he have the opportunity to pick a third member of the high court.

"Any president who thinks he's going to appoint a judge who will always decide the way the president thinks really should have his head examined," he said.

Full post as published by First Amendment Center on February 16, 2011 (boomark / email).