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The U.S. government on Thursday unveiled an 18-count indictment against WikiLeaks founder Julian Assange, charging him under the 1917 Espionage Act for his role in the 2010 publication of a trove of secret documents relating to the Iraq and Afghanistan wars and diplomatic communications regarding dozens of nations. So extreme and unprecedented are the indictment’s legal theories and likely consequences that it shocked and alarmed even many of Assange’s most virulent critics.

The new indictment against Assange bears no relationship to WikiLeaks’ publication of Democratic Party and Clinton campaign documents or any of its other activities during the 2016 presidential campaign. Instead, it covers only publication of a massive archive of classified U.S. government documents that revealed a multitude of previously unknown, highly significant information about wars, government and corporate corruption, and official deceit. WikiLeaks, in 2010, published those materials in partnership with some of the largest media outlets in the world, including the New York Times, the Guardian, Der Spiegel, Le Monde and El Pais, outlets that published many of the same secret documents that form the basis of the criminal case against Assange.

With these new charges, the Trump administration is aggressively and explicitly seeking to obliterate the last reliable buffer protecting journalism in the United States from being criminalized, a step that no previous administration, no matter how hostile to journalistic freedom, was willing to take. The U.S. government has been eager to prosecute Assange since the 2010 leaks. Until now, though, officials had refrained because they concluded it was impossible to distinguish WikiLeaks’ actions from the typical business of mainstream media outlets. Indicting Assange for the act of publishing would thus make journalism a felony. By charging Assange under the Espionage Act, the Trump administration proved that the asylum Assange obtained from Ecuador in 2012 — offered in the name of protecting him from persecution by the United States for publishing newsworthy documents — was necessary and justified.

The argument offered by both the Trump administration and by some members of the self-styled “resistance” to Trump is, ironically, the same: that Assange isn’t a journalist at all and thus deserves no free press protections. But this claim overlooks the indictment’s real danger and, worse, displays a wholesale ignorance of the First Amendment. Press freedoms belong to everyone, not to a select, privileged group of citizens called “journalists.” Empowering prosecutors to decide who does or doesn’t deserve press protections would restrict “freedom of the press” to a small, cloistered priesthood of privileged citizens designated by the government as “journalists.” The First Amendment was written to avoid precisely that danger.

Most critically, the U.S. government has now issued a legal document that formally declares that collaborating with government sources to receive and publish classified documents is no longer regarded by the Justice Department as journalism protected by the First Amendment, but rather as the felony of espionage, one that can send reporters and their editors to prison for decades. It thus represents, by far, the greatest threat to press freedom in the Trump era, if not the last several decades…

When governments seek to eliminate core civic liberties, a common tactic is to begin by targeting a figure who is deeply marginalized and unpopular, with the hope that personal animosity toward him will lead people to cheer his punishment rather than oppose such efforts due to the dangerous precedent it is designed to create. But supporting a dangerous precedent because of contempt for the initial target is the ultimate act of irrationality: Once the precedent is legally consecrated, the ability to oppose its subsequent application to more popular figures disappears.

Assange has few allies left in the United States. The 2010 leaks that exposed war crimes by the Bush administration and the War on Terror generally made him a hero among many leftists, but the enemy of Republicans and hawkish Democrats alike. His remaining support among U.S. liberals subsequently disappeared, and was replaced by seething contempt, when his 2016 leaks revealed corruption at the DNC and harmed Hillary Clinton’s campaign.

The Trump administration has undoubtedly calculated that Assange’s uniquely unpopular status across the political spectrum makes him the ideal test case for creating a precedent that criminalizes the defining attributes of investigative journalism. Now every journalist and every citizen must decide whether their personal animus toward Assange is more important than preserving press freedom in the United States.

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