National Law Journal: Jason Ching: Journalism WikiLeaks Style
Jason Ching surveys the prospects of a prosecution by the United States Government against Julian Assange, as a response to its recent document releases. The article is detailed, and considers U.S. law in detail, touching also on the case against Bradley Manning. Ching is not altogether favourable to Wikileaks, nor does he conclude that Wikileaks will avoid all legal liability, but his conclusion is that Wikileaks' proximity to the news and publishing industry is such that it will avoid the more drastic of the prosecutory efforts currently underway.
In summary, let's sweep away the tendentious arguments that Assange should not be extradited to the United States or that it is a violation of due process or other constitutional rights to prosecute him. Any fair analysis of the Espionage Act shows that he is chargeable, and yet any fair analysis of the political reality indicates that he is untouchable. The administration is faced with an impossible dilemma — WikiLeaks is joined at the hip with The New York Times et al., and its unofficial policy against charging news organizations protects them all. WikiLeaks, whether acting out of magnanimity or cleverness, cut the major news sources into the deal and in return gained functional immunity from prosecution for espionage.