When Free Speech Becomes A Crime: NYT Edition

New York Times reporter Nicholas Kristof asked for IRS employees to commit a crime. He wants someone to leak to him President Trump’s tax returns. This is technically the solicitation of a felony. The problem is being able to prove intent. There are ways to skirt around the charge. But, if he does receive and publish, then he has committed a felony himself.

As Written By Kathryn Watson for the Daily Caller:

It’s possible New York Times reporter Nicholas Kristof crossed the free speech line into criminal solicitation of a felony Monday when he tweeted where IRS employees could send him President Donald Trump’s tax returns, legal experts say.

At least, it’s up for debate.

An IRS employee’s disclosure of tax returns to an unauthorized person is a felony, and federal law prohibits anyone from soliciting a crime. The First Amendment “wouldn’t immunize” that, wrote UCLA law professor and Washington Post columnist Eugene Volokh Monday.

“I think that asking IRS employees — even if not a specific employee — to leak a specific document is likely to be enough to put the statement on the solicitation side of the line, rather than the mere advocacy side” of……


Was This Tweet Free Speech Or Criminal? | The Daily Caller



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