That's not how treason works. Publishing truthful information is not treason, and it is not punishable by death. That is how authoritarian systems operate. The Constitution is very clear about what treason is, and this isn't it. The role of a free press is oversight, not operational security. You're arguing for authoritarian control over information.
On technicality it is not treason but it is treason and whoever disclosed that to the press will get dealt with via random death.
While disclosing classified military information can lead to severe prosecution under laws like the
Espionage Act, it's rarely charged as treason (which requires aiding an enemy), and prosecuting journalists for publishing such leaks faces significant First Amendment challenges, though the government often investigates potential crimes by leakers and sometimes restricts press access to information. Journalists themselves haven't been successfully prosecuted for publishing, but those who leak information face serious charges.
Key Laws & Concepts
- Espionage Act (18 U.S.C. § 793, 798): Most prosecutions for unauthorized disclosure of national defense information use this act, targeting those with access who share secrets with intent to harm the U.S. or benefit a foreign nation, not typically the press.
- Treason (18 U.S.C. § 2381): A very high bar, defined as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort". Leaking information is rarely considered treason unless directly aiding an enemy in wartime.
- First Amendment: Protects freedom of the press, creating a legal barrier to prosecuting journalists for publishing classified information, though this is a complex legal area.
Prosecution of Leakers vs. Publishers
- Leakers (Insiders): Government employees with access are frequently charged under the Espionage Act for leaking information.
- Publishers (Press): While the Espionage Act doesn't exempt the press, prosecuting journalists for publishing is legally contentious and has historically been avoided, with no known successful prosecutions of publishers for printing classified info from leakers.
Government Response
- The government uses laws like the Espionage Act to pursue leakers.
- There have been increased efforts to restrict press access and require pre-publication approval for certain information, even unclassified, to prevent leaks.
In essence, while leaking is a serious crime, prosecuting the press for publishing it is legally difficult, but the government actively prosecutes insiders who leak, and tries to control information flow.