We (still) have a 1st Amendment in this country Mr. Cuomo. Thank God.
The latest case in point: CNN’s Chris Cuomo was dissecting the latest Wikileaks document dump when he decided to “inform” viewers that it’s illegal for anybody but a member of the media to download and view the contents of the Podesta leaks:
Yeah, that’s not how the First Amendment works. Legal precedent has repeatedly made it clear that the First Amendment offers the same protection to the press as to the public, even when it comes to possessing or distributing illegally obtained material (just as long as you weren’t directly involved in the theft of the material in question). In its 2001 Bartnicki v. Vopper decision, the Supreme Court rejected even civil liability for distributing illegally obtained cellphone recordings, and refused to differentiate the public from the media in its ruling:
“The . . . question is whether the application of these statutes [that purport to ban distributing illegally obtained material, even when one wasn’t involved in the distribution,] in such circumstances violates the First Amendment. [Footnote: In answering this question, we draw no distinction between the media respondents and Yocum.]”