Written by a group of the nation's leading constitutional scholars, a deeply informed, thoughtful, and often surprising examination of who has First Amendment rights to disclose, to obtain, or to publish classified information relating to the national security of the United States. One of the most vexing and perennial questions facing any democracy is how to balance the government's legitimate need to conduct its operations-especially those related to protecting the national security-in secret, with the public's right and responsibility to know what its government is doing. There is no easy answer to this issue, and different nations embrace different solutions. In the United States, at the constitutional level, the answer begins exactly half a century ago with the Supreme Court's landmark 1971 decision in the Pentagon Papers case. The final decision, though, left many important questions unresolved. Moreover, the issue of leaks and secrecy has cropped up repeatedly since, most recently in the Edward Snowden and Chelsea Manning cases. In National Security, Leaks and Freedom of the Press , two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars-including John Brennan, Eric Holder, Cass R. Sunstein, and Michael Morell, among many others-to delve into important dimensions of the current system, to explain how we should think about them, and to offer as many solutions as possible.
"This chapter principally reviews the development of the law in the United States since the Pentagon Papers decision. It then more briefly addresses three related subjects: the difficulties in assessing the effectiveness of the Pentagon Papers regime in permitting disclosures that benefit public debate more than they harm national security while discouraging leaks that cause more harm than good; how the US legal framework for handling national security information compares to the United Kingdom's; and how technological and institutional changes over the five decades since the Pentagon Papers decision have called into question some of that decision's premises. I.Developments in US Law Since the Pentagon Papers case, the government only rarely has sought to enjoin publication of material-and only once succeeded in winning an injunction on the ground that publication threatened national security. When courts have examined questions of prior restraints, they have consistently looked to the Pentagon Papers decision's reaffirmance of the presumptive unconstitutionality of prior restraints. Since 1971, the government has never sought criminal penalties against the press for merely receiving or publishing classified information. It has, however, brought criminal prosecutions against government employees who leaked classified information to the press without authorization, and it has also sought to prosecute non-media third parties for their role in disseminating information leaked to them by government insiders. The influence of New York Times Co. has been much more limited in these prosecutions. Indeed, in criminal prosecutions brought against leakers, the Pentagon Papers case has often been sidelined as a "prior restraint case," or not mentioned at all. Recently, the government has broken new ground by bringing criminal charges against an organization that some consider to be part of the press-WikiLeaks-alleging that it actively participated in and abetted a leak of classified information. The relevance of New York Times Co. to that situation is uncertain"--
An intensely controversial scrutiny of American democracy’s fundamental tension between the competing imperatives of security and openness. “Leaking”—the unauthorized disclosure to the press of secret information—is a well-established part of the U.S. government’s normal functioning. Gabriel Schoenfeld examines history and legal precedent to argue that leaks of highly classified national-security secrets have reached hitherto unthinkable extremes, with dangerous potential for post-9/11 America. He starts with the New York Times’ recent decision to reveal the existence of top-secret counterterrorism programs, tipping off al Qaeda operatives to the intelligence methods designed to apprehend them. He then steps back to the Founding Fathers' intense preoccupation with secrecy in the conduct of foreign policy. Shifting to the 20th century, he scrutinizes some of the more extraordinary leaks and their consequences, from the public disclosure of the vulnerability of Japanese diplomatic codes in the years before Pearl Harbor to the publication of the Pentagon Papers in the Nixon era to the systematic exposure of undercover CIA agents by the renegade CIA agent Philip Agee. Returning to our present dilemmas, Schoenfeld discovers a growing rift between a press that sees itself as the heroic force promoting the public’s “right to know” and a government that needs to safeguard information vital to the effective conduct of national defense. Schoenfeld places the tension between openness and security in the context of a broader debate about freedom of the press and its limits. With the United States still at war, Necessary Secrets is of burning contemporary interest. But it is much more than a book of the moment. Grappling with one of the most perplexing conundrums of our democratic order, it offers a masterful contribution to the enduring challenge of interpreting the First Amendment.
"A new book-length study of leaks of classified information published by the Defense Intelligence Agency's National Intelligence University contends that "the tension between maintaining national security secrets and the public's right to know cannot be 'solved', but can be better understood and more intelligently managed." "Who Watches the Watchmen?" by Gary Ross explores the phenomenon of leaks from multiple angles, including their history, their prevalence and their consequences. Most interestingly, he considers the diverse motivations of leakers and of the reporters who solici, receive and publish their disclosures. Some of these he finds defensible, and others not. In the end, he advises that government officials should engage members of the media in a constructive dialog in order to avert the worst consequences of leaks. "Proactively engaging with the media to examine the costs and benefits associated with unauthorized disclosures represents the greatest potential for reducing the perceived harm to national security," Mr. Ross writes. By contrast, "Maintaining the status quo or attempting to legislate a solution both have proven to be ineffective methods for resolving the dilemma. True change can only occur if the Executive Branch is willing to invest the time and resources necessary to implement an approach focused on engagement with the media." This is a congenial conclusion, which implies that punitive new legislation can be avoided and that remaining differences between reporters and government officials can be fruitfully discussed. But it arguably misapprehends the harsh new policy landscape in the wake of the WikiLeaks episode (which is also discussed in the book). The status quo has been transformed in response to WikiLeaks in two ways that are unfavorable to leakers, justified or unjustified. First, the threat of unauthorized disclosures has been elevated in the view of government officials to one of "the most menacing foreign intelligence threats in the next two to three years." In January 31 testimony to the Senate Intelligence Committee, DNI James R. Clapper said that unauthorized disclosures of classified information had "caused significant damage to US interests." Further, he said, "We assess that trusted insiders using their access for malicious intent represent one of today's primary threats to US classified networks." "Engagement with the media" will not be the main response to such threats. And second, WikiLeaks, which targeted legitimate and illegitimate secrets with equal vigor, has inspired and accelerated the development of new forensic tools and methods to identify the sources of unauthorized disclosures. Internal surveillance of classified networks is set to grow, with new mechanisms for tracking and auditing online activity by government employees. Whatever else might be true, the status quo of a few years ago has been left behind."--Publisher description."
The SAGE Guide to Key Issues in Mass Media Ethics and Law is an authoritative and rigorous two-volume, issues-based reference set that surveys varied views on many of the most contentious issues involving mass media ethics and the law. Divided into six thematic sections covering information from contrasting ethical responsibly and legal rights for both speech and press, newsgathering and access, and privacy to libelous reporting, business considerations, and changing rules with social media and the Internet, the information in this guide is extremely relevant to a variety of audiences. This guide specifically focuses on matters that are likely to be regular front-page headlines concerning topics such as technological threats to privacy, sensationalism in media coverage of high-profile trials, cameras in the courtroom, use of confidential sources, national security concerns and the press, digital duplication and deception, rights of celebrities, plagiarism, and more. Collectively, this guide assesses key contentious issues and legal precedents, noting current ethical and legal trends and likely future directions. Features: Six thematic sections consist of approximately a dozen chapters each written by eminent scholars and practitioners active in the field. Sections open with a general Introduction by the volume editors and conclude with a wrap-up “Outlook” section to highlight likely future trends. Chapters follow a common organizational outline of a brief overview of the issue at hand, historical background and precedent, and presentation of various perspectives (pro, con, mixed) to the issue. “See also” cross references guide readers to related chapters and references and further readings guide users to more in-depth resources for follow-up. This reference guide is an excellent source for the general public, students, and researchers who are interested in expanding their knowledge in mass media and the ethics and law surrounding it.
"Journalism and Free Speech brings together for the first time an historical and theoretical exploration of journalism and its relationship with the idea of free speech. Though freedom of the press is widely regarded as an essential ingredient to democratic societies, the relationship between the idea of freedom of speech and the practice of press freedom is one that is generally taken for granted. Censorship, in general terms is an anathema. This book explores the philosophical and historical development of free speech and critically examines the ways in which it relates to freedom of the press in practice. The main contention of the book is that the actualisation of press freedom should be seen as encompassing modes of censorship which place pressure upon the principled connection between journalism and freedom of speech. Topics covered include: The Philosophy of Free SpeechJournalism and Free SpeechPress Freedom and the Democratic ImperativeNew Media and the Global Public SphereRegulating JournalismPrivacy and DefamationNational Security and InsecurityOwnershipNews, Language Culture and CensorshipThis book introduces students to a wide range of issues centred around freedom of speech, press freedom and censorship, providing an accessible text for courses on journalism and mass media"--
The freedom of expression and the freedom of information are the indispensable components of free media. Without these two basic rights, an informed, active, and participatory citizenry is impossible. Members of the media require special protections to enable them to operate freely in order to advocate for human rights, public discourse, and the plurality of ideas. The Handbook of Research on Combating Threats to Media Freedom and Journalist Safety is an essential reference source that evaluates how diverse threats impact on journalists wellbeing, their right to freedom of expression, and overall media freedoms in various contexts and assesses inadequacies in national security policies, planning, and coordination relating to the safety of journalists in different countries. Featuring research on topics such as freedom of the press, professional journalism, and media security, this book is ideally designed for journalists, news writers, editors, columnists, press, broadcasters, newscasters, government officials, lawmakers, diplomats, international relations officers, law enforcement, industry professionals, academicians, researchers, and students.
Does America have a free press? Many who say yes appeal to First Amendment protections against censorship. Sam Lebovic shows that free speech, on its own, is not sufficient to produce a free press and helps us understand the crises that beset the press amid media consolidation, a secretive national security state, and the daily newspaper’s decline.
Four days before Pearl Harbor, in December 1941, someone leaked American contingency war plans to the Chicago Tribune. The small splash the story made was overwhelmed by the shock waves caused by the Japanese attack on the Pacific fleet anchored in Hawaii—but the ripples never subsided, growing quietly but steadily across the Cold War, Vietnam, the fall of Communism, and into the present. Ripped from today’s headlines, Lloyd C. Gardner’s latest book takes a deep dive into the previously unexamined history of national security leakers. The War on Leakers joins the growing debate over surveillance and the national security state, bringing to bear the unique perspective of one our most respected diplomatic historians. Gardner examines how national security leaks have been grappled with over nearly five decades, what the relationship of “leaking” has been to the exercise of American power during and after the Cold War, and the implications of all this for how we should think about the role of leakers and democracy. Gardner’s eye-opening new history asks us to consider why America has invested so much of its resources, technology, and credibility in a system that all but cries out for loyal Americans to leak its secrets.
Freedom of information by United States. Congress. House. Committee on Government Operations. Government Information, Justice, and Agriculture Subcommittee
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Examines the events surrounding the 1972-74 Watergate scandal and Nixon's presidency, their effects on the federal government and the nation's political and popular culture, and how the events fit into the nation's greater history.