United States v. Sterling

Former CIA officer Jeffrey Sterling (defendant), after a falling-out and failed lawsuits against the agency, allegedly disclosed classified details of a program targeting Iran's nuclear program to New York Times reporter James Risen (defendant), who later published the information in a book. Sterling was indicted for unauthorized retention and disclosure of national-defense information, and the government subpoenaed Risen to identify his sources. Risen moved to quash, invoking the First Amendment or, alternatively, a federal common-law reporter's privilege; the district court agreed and quashed the subpoena, and the government appealed.