Wikileaks did not commit espionage here, unless you're alleging that Julian Assange took those cables himself. The person that leaked the cables is liable for

Wikileaks did not commit espionage here, unless you're alleging that Julian Assange took those cables himself. The person that leaked the cables is liable for espionage (if the Pentagon can catch him or her). However, as the Supreme Court ruled in the Pentagon Papers case, the publishing organization has no prior restraint obligation. That is, the publisher doesn't have to hold back publication of something that's potentially damaging just because the government says so.