@bdiamand @renderwonk This is the travesty of modern constitutional interpretation. The Bill of Rights is crystal clear on this topic:
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Replying to @cmuratori
@bdiamand@renderwonk "Congress shall make no law" abridging the freedom of speech or the freedom of the press.1 reply 0 retweets 0 likes -
Replying to @cmuratori
@bdiamand@renderwonk That means _it is not possible_ to be legally obligated not to divulge something, because _there can't be such a law_.2 replies 0 retweets 0 likes -
Replying to @cmuratori
@cmuratori@renderwonk Do you mean it's unconstitutional to prosecute *anyone* for telling anything they know, or just the press telling?1 reply 0 retweets 0 likes -
Replying to @bdiamand
@bdiamand@renderwonk You can read it just as I can :) How would _you_ read, "Congress shall make no law abridging the freedom of speech"?2 replies 0 retweets 0 likes -
Replying to @cmuratori
@cmuratori@renderwonk Clearly there are limits, @ least according to courts. In addition, can you not contract away your right to divulge?1 reply 0 retweets 0 likes -
Replying to @bdiamand
@bdiamand@renderwonk You can contract it away _to a another civilian_. Not to the government. And the punishment can't be criminal.1 reply 0 retweets 0 likes -
Replying to @cmuratori
@bdiamand@renderwonk That's actually true even by today's constitutional interpretations. There aren't criminally-punishable NDA's.1 reply 0 retweets 0 likes -
Replying to @cmuratori
@cmuratori@renderwonk The NDA is implied by employment/access in many cases. Codified among other places, here: http://www.law.cornell.edu/uscode/text/18/798 …1 reply 0 retweets 0 likes -
Replying to @bdiamand
@bdiamand@renderwonk Are you sure that's the law you wanted to talk about? That's a property forfeiture provision, right?2 replies 0 retweets 0 likes
@bdiamand @renderwonk Ie., that doesn't criminalize the speech at all... no one's going to jail for violating that statute.
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