leaks and whistleblowing
TRANSCRIPT
The First Amendment is for everyone — the “lonely pamphleteer” as much as
“the large metropolitan publisher.”
The First Amendment is for everyone — the “lonely pamphleteer” as much as
“the large metropolitan publisher.”
Which means there are no special constitutional protections for
news organizations (or leakers).
Daniel Ellsberg
• Leaked the Pentagon Papers, secret history of the Vietnam War
• Accused of violating the Espionage Act of 1917, faced 115 years
Daniel Ellsberg
• Leaked the Pentagon Papers, secret history of the Vietnam War
• Accused of violating the Espionage Act of 1917, faced 115 years
• Censorship rejected, but Nixon explored charges against press
Ellsberg’s supporters said he servedthe public interest by revealingofficial doubts about the war.
So why shouldn’t he have beenprotected from prosecution? What
problems would that raise?
Warrantless wiretapping
• The New York Times won a 2006 Pulitzer for exposing NSA program
• George W. Bush called the Times’ reporting“a shameful act”
Warrantless wiretapping
• The New York Times won a 2006 Pulitzer for exposing NSA program
• George W. Bush called the Times’ reporting“a shameful act”
• Attorney General Gonzales threated the Times with prosecution
The Times exposed a program that appeared to be a straightforward
violation of federal law.
How could the Bush administrationand its allies consider criminal charges
for revealing illegalities?
Good leakers and bad
• CIA operative Valerie Plame’s cover is blown, prompting a probe
• Judith Miller goesto jail rather thanreveal her source
Good leakers and bad
• CIA operative Valerie Plame’s cover is blown, prompting a probe
• Judith Miller goesto jail rather thanreveal her source
• Freed when Lewis “Scooter” Libbygave her permission
The Plame leak appeared to bean act of political retribution with
no larger public purpose.
Is there any practical way we couldprotect the leakers we like and punish
the leakers we don’t? Who decides?
Chelsea Manning
• Provided vast trovesof classified information to WikiLeaks
• Exposed abuses but also revealed names of undercover operatives
Chelsea Manning
• Provided vast trovesof classified information to WikiLeaks
• Exposed abuses but also revealed names of undercover operatives
• WikiLeaks founder Assange is holed up in Ecuadorian embassy
What should our response be whenthere’s ambiguity as to whether a leaker’s
actions served the public good?
What should our response be whenthere’s ambiguity as to whether a leaker’s
actions served the public good?
Should the (limited) publication rights afforded to the news media be extended
to groups such as WikiLeaks?
Edward Snowden
• Like Daniel Ellsberg, he leaked to established news organizations
• Exposure of NSAled to Pulitzer Prizesfor two newspapers
Edward Snowden
• Like Daniel Ellsberg, he leaked to established news organizations
• Exposure of NSAled to Pulitzer Prizesfor two newspapers
• “The Snowden effect”: Congress scales backbulk data collection
As with Daniel Ellsberg, many people believe Edward Snowden’s leaks
served the public interest.
Also as with Ellsberg, leaks led tocriminal charges against the leaker
and threats against the press.
Obama’s war on leakers
• More aggressive than any previous president — seven prosecutions
• Journalists like James Risen become collateral damage of this war
Obama’s war on leakers
• More aggressive than any previous president — seven prosecutions
• Journalists like James Risen become collateral damage of this war
• CPJ reports Obama’s anti-leak efforts have had a chilling effect
If whistleblowing is vital to thepress’ role as a watchdog of government,
is there some way we can protect it?