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WikiLeaks founder Julian Assange has been imprisoned in London for nearly five years, pending extradition to the United States so he can be prosecuted for violating the Espionage Act by publishing classified information. Since that amount of time behind bars is about the same as the four-to-six-year prison term that Justice Department lawyers have said Assange would be likely to serve if convicted, you might think the Biden administration would be ready to reconsider this case, especially since it poses an alarming threat to freedom of the press. Instead, the U.S. government’s lawyers are back in London for yet another hearing, which Assange’s attorneys describe as a last-ditch attempt to block his extradition.

Recognizing the First Amendment implications, the Obama administration declined to prosecute Assange for obtaining and disclosing confidential State Department cables and military files leaked by former Army intelligence analyst Chelsea Manning in 2010. After all, leading news organizations in the United States and around the world had published stories based on the same documents, and those acts of journalism likewise could be construed as felonies once this precedent was established. So could the routine practices of reporters who cover national security, which commonly involves divulging information that the government prefers to keep secret.

Despite those concerns, the Trump administration decided that Assange should be locked up for doing things thatThe New York Times et al. do on a regular basis. All but one of the 17 counts in Assange’s latest federal indictment relate to obtaining or disclosing “national defense information,” which is punishable by up to 10 years in prison. Theoretically, Assange could face 160 years in prison for those counts alone, although the government’s lawyers say it probably would be more like the amount of time he already has served in the United Kingdom. Manning herselfwho, unlike Assange, violated the terms of her government employmentreceived a 35-year sentence but was released after seven years thanks to Barack Obama’s commutation.

“Some say that Assange is a journalist and that he should be immune from prosecution for these actions,” John Demers, then the head of the Justice Department’s National Security Division, told reporters after the Assange indictment was announced in May 2019. “The department takes seriously the role of journalists in our democracy and we thank you for it. It is not and has never been the department’s policy to target them for reporting.” There is no need to worry, Demers suggested, because Assange is “no journalist.”

This line of argument misconstrues the “freedom…of the press” guaranteed by the First Amendment, which applies to mass communication generally, not just the speech of people whom the government deigns to recognize as journalists. Demers’ assurance is similar to the reasoning that the U.S. Court of Appeals for the 5th Circuit recently applied in counterintuitively concluding that treating journalism as a crime is not “obviously unconstitutional.”

That case involved Priscilla Villarreal, a Laredo, Texas, gadfly and citizen journalist who was arrestedin 2017 for violatingSection 39.06(c) of the Texas Penal Code. Under that previously obscure law, a person who “solicits or receives” information that “has not been made public” from a government official “with intent to obtain a benefit” commits a third-degree felony, punishableby two to 10 years in prison.

Texas defines “benefit” as “anything reasonably regarded as economic gain or advantage.” According to the arrest affidavits, the “benefit” that Villarreal sought was a boost in Facebook traffic. Section 39.06(c) defines “information that has not been made public” as “any information to which the public does not generally have access” that is also “prohibited from disclosure” under theTexas Public Information Act. The arrest affidavits did not address the latter requirement at all.

Like the Espionage Act, Section 39.06(c) purportedly criminalizes common reporting practicesin this case, obtaining information about a public suicide and a fatal car accident from a “backchannel source” at the local police department. Writing for the 5th Circuit majority in Villarreal v. Laredo, Judge Edith Jones did not try to hide her disdain for Villarreal, an independent, uncredentialed journalist who files her unfiltered reports on Facebook instead of publishing vetted and edited stories in a “mainstream, legitimate” news outlet.

“Villarreal and others portray her as a martyr for the sake of journalism,” Jones wrote. “That is inappropriate. She could have followed Texas law, or challenged that law in court, before reporting nonpublic information from the backchannel source. By skirting Texas law, Villarreal revealed information that could have severely emotionally harmed the families of decedents and interfered with ongoing investigations. Mainstream, legitimate media outlets routinely withhold the identity of accident victims or those who committed suicide until public officials or family members release that information publicly. Villarreal sought to capitalize on others’ tragedies to propel her reputation and career.”

Although Jones implies that Villarreal’s arrest was prompted by concern for “the families of decedents,” Villarreal plausibly argued that it was actually punishment for her outspoken criticism of local law enforcement agencies. In any case, there is no First Amendment exception for reporting that might offend or disturb people. And Jones’ characterization of Villarreal’s work as “capitaliz[ing] on others’ tragedies to propel her reputation and career” is an apt, if cynical, description of what many journalists do, even when they work for “mainstream, legitimate media outlets.” Jones apparently is unfamiliar with the bread and butter of local news organizations and has never heard the expression, “If it bleeds, it leads.”

The seven dissenting judges saw the situation differently. “If the First Amendment means anything,” Judge James C. Ho wrote in a dissent joined by five of his colleagues, “surely it means that citizens have the right to question or criticize public officials without fear of imprisonment.” Judge James E. Graves Jr. likewise complained that “the majority opinion will permit government officials to retaliate against speech while hiding behind cherry-picked state statutes.”

Judge Stephen A. Higginson noted that Thomas Paine, who wrote “the pro-independence pamphlet that historian Gordon Wood describes as ‘the most incendiary and popular pamphlet of the entire revolutionary era,'” was, like Villarreal, a “citizen-journalist.” Upholding “the text of the Constitution, as well as the values and history that it reflects,” he said, “the Supreme Court guarantees the First Amendment right of engaged citizen-journalists, like Paine, to interrogate the government.” Jones, by contrast, presumably would view Paine as disreputable, since he did not work for a “mainstream, legitimate media outlet.”

Assange’s critics, including some professional journalists, have proposed a similar distinction, arguing that he does not deserve the First Amendment’s protection because he is not a “real” journalist. But whatever you might think of Assange’s opinions, his tactics, or the care he exercised in publishing classified material, that distinction is not grounded in the Constitution and will not hold in practice.

The editors and publishers of The New YorkTimes,The Guardian,Le Monde,Der Spiegel, andEl Pas recognized as much in 2022, when they urged the Justice Department to drop the case against Assange. In ignoring that advice, the Biden administration seems bent on establishing a dangerous precedent that replaces the First Amendment’s guarantee with the whims of prosecutors.

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Fantasy baseball: What to expect from Red Sox prospect Marcelo Mayer

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Fantasy baseball: What to expect from Red Sox prospect Marcelo Mayer

Boston Red Sox SS prospect Marcelo Mayer is getting the call to the major leagues, as starting 3B Alex Bregman (calf) is headed to the injured list. Fantasy managers should not expect Mayer, 22, to replace Bregman’s excellent numbers (.938 OPS), but he should see opportunity for playing time over the likes of Nick Sogard and Abraham Toro. Mayer is an excellent defensive shortstop, but he has played second base and third base at Triple-A Worcester as well this season.

Ranked No. 6 in Kiley McDaniels’ recently updated top 50 prospect rankings, Mayer hit .265/.342/.465 over 43 games and 193 plate appearances at Triple-A, with 9 home runs, 43 RBI and 2 stolen bases. The No. 4 pick in the 2021 amateur draft, Mayer hits left-handed, makes solid contact and drew a 10.4% walk rate this season. There is power upside, but as with most prospects, fantasy managers should keep initial expectations well in check.

Everyone loves the prospects until they reach the majors and alter their narrative (as most do). Chicago Cubs rookie IF Matt Shaw struggled earlier this season and was sent back to Triple-A, though he has returned to the majors. Arizona Diamondbacks SS Jordan Lawlar remains hitless in the majors this season. New Red Sox teammate Kristian Campbell is hitting .225 with a 27% strikeout rate. Hitting big league pitching can be problematic even for long-time veterans. In ESPN’s shallow standard leagues, with no middle infield spot and only nine active hitting spots, it is tough to make an argument to rush out and add Mayer. At the time of the promotion announcement, he was available in 94% of ESPN standard leagues.

Those needing to replace Bregman at third base should look at the Texas RangersJosh Jung and Jake Burger, and the Philadelphia PhilliesAlec Bohm, proven players with job security. For those looking at adding Mayer as their shortstop, Angels star Zach Neto somehow remains available in 71% of leagues, and he certainly comes recommended over Mayer, as does Colorado Rockies starter Ezequiel Tovar. Mayer will likely hit near the bottom of the Boston lineup. If he hits well, he might move up, and he might keep his roster spot even when Bregman returns to health.

It is exciting when one of the top prospects in the sport earns a promotion, but hitting a baseball against top pitching can be challenging for all. Those in deeper formats can make a better case to add Mayer and hope for the best.

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Sources: Red Sox call up heralded prospect Mayer

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Sources: Red Sox call up heralded prospect Mayer

The Boston Red Sox are calling up infielder Marcelo Mayer, the No. 6 prospect in baseball and a central part of their future who they hope can play a role in their push for a postseason berth this year, sources told ESPN.

Mayer, 22, who has excelled at shortstop as he ascended through the Red Sox’s farm system after they took him with the fourth overall pick in the 2021 draft, is likely to get playing time with All-Star third baseman Alex Bregman expected to land on the injured list after leaving Friday’s game with right quadriceps tightness.

At Triple-A Worcester, where Mayer was hitting .271/.347/.471 with nine home runs and 43 RBIs in 43 games, he played four games at third base. Mayer also could see time at shortstop, with Trevor Story in a profound monthlong slump.

The arrival of Mayer marks the second of Boston’s big three prospects, with Kristian Campbell earning the second-base job in spring training. After a hot start, Campbell has slumped likewise and is hitting .225/.321/.369. The third of the group, outfielder Roman Anthony, is the No. 1 prospect in MLB, according to ESPN’s Kiley McDaniel, and is hitting .323/.455/.513 with six home runs and 18 RBIs at Triple-A.

The loss of Bregman, who is hitting .299/.385/.553 in his first year with the Red Sox, takes an MVP-caliber bat out of a lineup that has struggled. The Red Sox lost first baseman Triston Casas for the season to a ruptured tendon in his left knee and have struggled to find a productive fill-in, amplifying calls for the team to reach into its significant minor league depth.

Boston has taken Mayer’s development slowly, with injuries limiting him to 91 games in 2022, 78 games in 2023 and 77 games last year. He is a career .273/.360/.466 hitter in 315 minor league games and projects to be a middle-of-the-order bat and Boston’s long-term solution at shortstop.

Bregman’s contract includes an opt-out after the 2025 season, opening the possibility of a shift to third for Mayer. At 6-foor-3 and 190 pounds, he has both the size and the arm strength typically sought for the position. But his glove at shortstop is regarded as above average, and Boston could opt to move Story off the position for Mayer or Ceddanne Rafaela, who also plays center field for the Red Sox.

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Cora: Bregman moving closer to possible IL stint

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Cora: Bregman moving closer to possible IL stint

BOSTON — Red Sox third baseman Alex Bregman could be nearing a trip to the injured list after leaving Friday’s game with right quadriceps tightness, manager Alex Cora said.

“He’s getting an MRI. He’s sore,” Cora said at Fenway Park on Saturday morning before the Red Sox were set to face the Baltimore Orioles in the first game of a split doubleheader.

“We’ll see where he’s at,” Cora said before later adding that Bregman said it felt “worse” than he expected.

Asked whether a stint on the IL could be coming, Cora said: “I don’t want to jump into conclusions, but yes.”

If Bregman does need to go to the IL, who will play third?

Cora said the plan is for the team to “mix and match” and answered “no” when asked whether Rafael Devers could be in the immediate plans.

“There’s a lot of guys in the conversation,” Cora said. “Roster construction comes into play, guys in the minor leagues, how they fit the roster — all that stuff.”

Could Devers be in the mix at some point?

“We made a decision in the offseason, and this is where we’re going,” Cora said, without completely closing the door. “There are a few things that we took into consideration, and I think we’ve been very consistent with it.

“I’m not going react to the outside world because [they] think that’s the right move. Maybe it’s not, right? Maybe we’re doing it right? Maybe we’re doing it wrong?”

Earlier this month, Devers told the Red Sox he wasn’t moving to play first base. The designated hitter has been red-hot lately after collecting a career-best eight RBIs in a lopsided victory over the Orioles on Friday afternoon.

“I know the guy. He’s raking. He’s the best DH in the American League right now,” Cora said. “If he keeps continuing to do this, he’s going to be in the All-Star Game as the DH and going to win a Silver Slugger as a DH. This is where we’re going. We’ll continue to talk. I’m not going to say we’re going to close the door.”

Boston already lost a corner infielder for the season when first baseman Triston Casas ruptured a tendon in his left knee and had season-ending surgery. The loss of Bregman could be a big blow to a lineup that has struggled at times.

“We’ll be OK. Obviously, he’s a big part of our offense,” Cora said. “Triston is a big part of our offense. We’ve just got to find a way to score runs in a different way, and we’re prepared for that.”

Devers, the team’s third baseman for eight seasons, was moved to DH after Bregman signed a three-year, $120 million deal as a free agent and was given the job. After a slow start at the plate, Devers has heated up and is batting .299 with 12 homers and 47 RBIs.

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