Position Paper On Wikileaks

Hypothesis: Jullian Assange and the other people who worked with him in Wikileaks shouldn´t be processed or accused. Hacking a government´s network it is obviously illegal but they didn´t made public personal life of politicians, state secrets of the past or irrelevant things, they made public things that the people has the right to know and justice shouldn´t focus on Assange and his crimes,they should focus on what Wikileaks made public and responsible should be sentenced.

When I wrote my hypothesis, I think I didn’t think about it too much. Julian Assange should be accused and put on a trial but only with the charges of hacking state databases, and he shouldn’t be critized or accused for making public documents that show secrets from the state that the government don’t want themto be shown. I’ll explain:
In April of 2010, Wikileaks made public a footage of an airstrake done by an American chopper to Iraqui journalists without having any evidence that proved these journalists were a threat and without worrying if those people were innocent . In other words, it was a video of American soldiers killing innocent people.
If we think of what could have happened if thatfootage became public immediately, the US army could have been trialed, and the state would have to take responsibility for the acts shown in the video. So it is obvious that it was better for the US to keep secret the footage.
The footage its only an example, I suppose there are thousands of archives that Wikileaks stole that could make controversy or insults against states, politics, importantfigures, etc.
Wikileaks can totally change the face of news. Everyday we see news of regular civilians doing crimes, but we don’t see very often news of politicians or governments acting wrong.
So why don’t we have the right to see these kinds of news? They are news of our countries, governments, representants. It is unfair that if we commit a crime, we can be critized, accused, processed or trialedeasily, but when politicians of governments comit crimes they aren’t accused easily.
One thing that supports this idea it is the United States First Amendment which is part of the Bill of Rights.
This really important amendment states as following:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, orof the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This amendment clearly defends the freedom of speech and it should be respected. I don’t know if it applies to Assange because he is not an American but he did made public American secrets.
But another interesting US law can make Assange go to prison, it is the EspionageAct of 1917 that has been amended several times over the years. It originally prohibited any attempt to interfere with militars, support US enemies during wartime or to interfere with the military recruitment.
In 1919 the Supreme Court ruled in Schenk VS US that the act did not violate the freedom of speech of those convicted under its provisions.
In the Schenk VS US case, the Supreme Courtdecided that the freedom of speech did not apply to people that violate the Espionage Act of 1917. Just to explain a little of this case, Charles Schenk was a member of the Socialist Party of America and was responsible of printing, mailing and distributing military draftees during WWI. He betrayed America by sending leaflets that helped the opposition, the Supreme Court accused him of violating theEspionage Act of 1917 but Schenk argued that this decision violated his right of freedom of speech. The Supreme Court ignore this and stated:
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create...