Whistleblowers and the media

A brief overview of famous leakers and the ethical issues they raise

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

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.

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

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.

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

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.

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

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

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.

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

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?

If whistleblowing is vital to thepress’ role as a watchdog of government,

is there some way we can protect it?

Who gets to decide whichwhistleblowers deserve protection

and which don’t?