Journalist Wins First Amendment Fight Over Wiretap Allegations

A federal judge in Florida has dismissed wiretap charges against journalist Timothy Burke citing significant First Amendment concerns.

The government had taken the position it could prove a Wiretap Act violation simply by showing that a defendant intentionally acquired the contents of a communication using a device. But Judge Kathryn Kimball Mizelle said that formulation of the law would present serious First Amendment risks.

If that’s all it takes to charge a wiretap offense, the government could prosecute anyone who accessed a webpage or streamed a YouTube video, notwithstanding a clearly applicable defense, Mizelle said. The government could also use ...