# United States: Espionage Act conviction of Samuel Loring Morison for leaking satellite photographs to Jane's Defence Weekly, 1985 to 1988

Published 2026-09-26. Last reviewed 2026-09-26. 2 sources.

Status: historical, as of 2026-09-26.

Naval intelligence analyst Samuel Loring Morison was convicted under the Espionage Act after he sent classified satellite photographs to a British defense publication in 1984. The United States Court of Appeals for the Fourth Circuit upheld his conviction in 1988, rejecting his argument that giving the images to the press was protected by the First Amendment.[1][2][3][4]

- Country: [United States](https://thewaronnews.com/countries/us) (RSF 2026 rank: 64th of 180)
- Where: United States
- Level of government: National
- Tactic: Secrets and espionage laws
- Stage: Punish (ladder: https://thewaronnews.com/ladders/secrets_and_espionage_laws#stage-punish)
- Head of government at the time: [Ronald Reagan](https://thewaronnews.com/leaders/ronald-reagan)
- Issue of the day: The case tested whether the Espionage Act of 1917, written to penalize wartime aid to a foreign enemy, could also be used against someone who gave classified material to a widely read defense publication rather than to an opposing government.
- Outcome: Upheld by a court, 1 January 1988. President Bill Clinton pardoned Morison, according to the First Amendment Encyclopedia, though no court reversed the Fourth Circuit's decision upholding his conviction.
- Era: The 1980s

## What happened

Samuel Loring Morison worked as an intelligence analyst at the Naval Intelligence Support Center in Suitland, Maryland, where he had access to classified material and had signed a nondisclosure agreement as a condition of his employment. In 1984 he sent two classified KH-11 satellite photographs showing construction of a Soviet Kiev-class aircraft carrier to Jane's Defence Weekly, a British publication on military affairs, which published them. Federal prosecutors charged Morison under two sections of the Espionage Act of 1917, one covering disclosure of national defense information to a foreign government and one covering disclosure to any other recipient, including a news organization, along with a separate federal charge of theft of government property. A jury convicted him on all counts. On appeal, Morison argued that applying the Espionage Act to a disclosure made to a news organization violated the First Amendment. The United States Court of Appeals for the Fourth Circuit, the federal appeals court based in Richmond, Virginia, rejected that argument. Writing for the court, Judge Donald Stewart Russell held that the Espionage Act's disclosure provisions applied to the press as well as to foreign governments, and the court affirmed the conviction in 1988. The Supreme Court of the United States declined to review the case.[1][2][3][5][6][4][7][8][9]

## What reason was given

The Fourth Circuit said the Espionage Act's disclosure provisions were not limited to transmissions to foreign governments, and it separately described the related federal law Morison was also convicted under as "a criminal statute covering the theft of government property."[6]

## What changed for reporting

Citing Branzburg v. Hayes, a 1972 Supreme Court decision, the Fourth Circuit said journalists had no special protection simply because they were transmitting information to the media, leaving the source of a leak, rather than the publication that printed it, open to an Espionage Act prosecution.[5][7][9]

## Timeline

- 1985: United States: Espionage Act conviction of Samuel Loring Morison for leaking satellite photographs to Jane's Defence Weekly, 1985 to 1988

## Who acted

| Name | Role in this incident | Office at the time |
| --- | --- | --- |
| [Donald Stewart Russell](https://thewaronnews.com/actors/donald-russell) | ruled | Judge, U.S. Court of Appeals for the Fourth Circuit |
| [United States Department of Justice](https://thewaronnews.com/actors/us-department-of-justice) | enforced | Federal executive department |

## Outlets and journalists

| Name | Kind | Relation |
| --- | --- | --- |
| [Jane's Defence Weekly](https://thewaronnews.com/outlets/janes-defence-weekly) | outlet | affected |

## Sources

1. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ (The First Amendment Encyclopedia, Middle Tennessee State University, 2009).
2. Branzburg v. Hayes, 408 U.S. 665 (1972). https://www.law.cornell.edu/supremecourt/text/408/665 (Legal Information Institute, Cornell Law School, 1972).

## Claims cited

[1] The government prosecuted Morison after identifying him as the source of the leaked photographs. Quote: "The government successfully prosecuted Morison after he was identified as the source of this information." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/772, checked 2026-09-26.

[2] Morison held a security clearance at the Naval Intelligence Support Center and had signed an agreement not to disclose classified information. Quote: "Samuel Loring Morison had been employed by the Naval Intelligence Support Center at Suitland, Maryland, where he had access to classified information. As part of his employment, he had signed a nondisclosure agreement." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/773, checked 2026-09-26.

[3] The leaked photographs showed a Soviet aircraft carrier under construction and were published by Jane's in 1984. Quote: "It shows construction of a Kiev-class aircraft carrier, as published by Jane's in 1984." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/774, checked 2026-09-26.

[4] The court separately upheld Morison's conviction on the related federal charge of theft of government property. Quote: "a criminal statute covering the theft of government property" Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/777, checked 2026-09-26.

[5] Morison leaked the satellite photographs to Jane's Defence Weekly. Quote: "This photo is one of two KH-11 photos leaked to Jane's Defence Weekly." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/775, checked 2026-09-26.

[6] Judge Russell explained that different sections of the Espionage Act covered disclosure to foreign governments and disclosure to others, including the press. Quote: "Writing for the court, Judge Donald Stewart Russell noted that section (d) of the Espionage Act dealt with the transmission of information to foreign governments while section (e) dealt with the transmission of this information to others, such as the press." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/776, checked 2026-09-26.

[7] The court held that transmitting information to the media does not give a source special constitutional protection. Quote: "He cited Branzburg v. Hayes (1972) for the principle expressed there that journalists had no special protection simply because they were transmitting information to the media." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/778, checked 2026-09-26.

[8] Morison's case ended with a presidential pardon after the Supreme Court declined to hear it. Quote: "The Supreme Court declined to hear Morison’s case, but he was later pardoned by President Bill Clinton." Source: The First Amendment Encyclopedia, Middle Tennessee State University, 2009. United States v. Morison (4th Cir.) (1988). https://firstamendment.mtsu.edu/article/united-states-v-morison-4th-cir/ Claim: https://thewaronnews.com/claims/779, checked 2026-09-26.

[9] The Fourth Circuit's ruling rested on Branzburg v. Hayes, in which the Supreme Court had held that reporters must respond to grand jury subpoenas the same as other citizens. Quote: "The sole issue before us is the obligation of reporters to respond to grand jury subpoenas as other citizens do and to answer questions relevant to an investigation into the commission of crime." Source: Legal Information Institute, Cornell Law School, 1972. Branzburg v. Hayes, 408 U.S. 665 (1972). https://www.law.cornell.edu/supremecourt/text/408/665 Claim: https://thewaronnews.com/claims/780, checked 2026-09-26.

Source page: https://thewaronnews.com/incidents/1985-us-morison-espionage-act-conviction. The War On News, CC BY 4.0.