WikiLeaks covered by First Amendment?

The debate concerning whether or not WikiLeaks is covered by the First Amendment continues, as CBS News reported.

Senator John Ensign introduced the Shield Act, which would make it illegal to publish the names of informants for the U.S. Military and the Intelligence Community.

Ensign told CBS News that he is trying to make it easier for the Attorney General and the Justice Department to go after those who put others' lives in jeopardy.

International advocacy group, Reporters Without Borders however, is just one of many groups that argue that the First Amendment should protect WikiLeaks founder Julian Assange.

Attorney General Eric Holder recognizes that Assange may be covered by loopholes in U.S. law.

"To the extent there are gaps in our laws, we will move to close those gaps," he told CBS News. "They will be held responsible. They will be held accountable."

Those gaps in U.S. law could make it difficult to prosecute Assange, former Bush Homeland Security Advisor Kenneth Wainstein told CBS News.

Ensign argues that First Amendment rights do not apply in this situation. "Julian Assange is not a journalist," he said.