Also known as: classify information · classifies information · classified · classifying information · classification of information · secret information · classified data
Written by attorneys · grounded in primary & secondary sources — see below
Data or material that the government has designated as secret or confidential. Access is restricted to a limited number of authorized persons who have a need to know.
Christine Castro faced charges after a disputed shooting. Prosecutors withheld portions of the investigative file because the materials had been designated classified information. The court reviewed the limited evidence in camera before determining whether any disclosure was required.
Carlos Castillo and his spouse disputed whether certain investment records counted as marital property. The records contained classified information obtained during Carlos's prior government service. The court treated the documents as individual property because they originated from separate assets.
Select any source to read its text and confirm it supports the definition.
Claire Campbell sought to enforce a foreign judgment involving land records. The records included classified information about mineral rights. The court applied the situs rule after determining that the presence of classified information did not alter the immovable character of the property.
Charlotte Chung was indicted for agreeing with others to obtain and distribute classified information. The agreement targeted an unlawful objective that extended beyond criminal statutes to matters against public welfare. The court found a conspiracy existed even without an explicit plan to commit a listed crime.
Cameron Cruz claimed that gains from his pre-marriage patents remained individual property. The patents later generated classified information used in a government contract. The court classified the appreciation as individual property because it stemmed from the spouse's separate asset under the uniform act.
Camila Cervantes, a former intelligence officer, gave documents to a newspaper. The government sought to enjoin publication because the materials constituted classified information whose release would harm national security. The court refused the injunction after balancing the First Amendment interests against the claimed harm.
Information becomes classified information only after an authorized official designates it as secret or confidential under established procedures. The designation limits access to persons with both clearance and a need to know. Without that formal designation the material does not receive the legal protections that attach to classified information.
Supporting sources
Courts may review classified information in camera to determine whether it must be disclosed to satisfy due process. The government may still withhold the material if the court finds the national-security interest outweighs the defendant's need. Protective orders or substitutions are often used to protect the information while allowing the case to proceed.
Supporting sources
The First Amendment generally protects publication of classified information obtained lawfully by the press. Prior restraints are permitted only when the government shows that publication would cause direct, immediate, and irreparable harm to national security. The burden is heavy and is rarely met.
…354 F. 2d 726, 730, n. 10 (C. A. 10th Cir. 1965) (upholding, in espionage case, trial ruling that Government need not submit classified portions of interrogation transcript), and some of those involving organized crime. In the latter context the lawyer who arrives may also be the lawyer for the defendant's colleagues and…