Key facts
- The DOJ is seeking a reporter's LinkedIn records in a leak investigation.
- A judge granted the request and issued a non-disclosure order.
- LinkedIn is challenging the order, calling it overly broad.
- Prosecutors argue the company cannot demand narrowing of the request in a criminal probe.
- The case highlights concerns about reporters' First Amendment rights and source confidentiality.
A legal battle is unfolding over the Department of Justice's efforts to obtain a reporter's LinkedIn records as part of a leak investigation, raising significant First Amendment concerns. A judge in the Eastern District of Virginia granted the DOJ's request in June and imposed a non-disclosure order, preventing LinkedIn from notifying the reporter about the subpoena.
LinkedIn, however, is seeking to challenge the order, arguing it is overly broad and requesting a limited disclosure that would only provide investigators with the specific evidence needed for the probe. Prosecutors contend that the company lacks the authority to demand such modifications in a criminal investigation.
Judge Harvie Wilkinson acknowledged the sensitive nature of the case, questioning both sides on the balance between national security interests and the First Amendment rights of journalists. He pressed LinkedIn's attorney on whether the administration has a legitimate national security interest in identifying leakers who could endanger lives by disclosing operational details. Conversely, he emphasized to the reporter the critical importance of source confidentiality for journalists, asking if an overbroad disclosure order would compromise reporters' ability to protect their sources.