TODAY

Whistle Blowers Espionage Act of 1917 (Schenk

v. US) The Pentagon Papers WikiLeaks

Review for tomorrow’s exam

HOMEWORK: Submit interview articles by

midnight tonight!

Prior Restraint … is governmental censorship of certain material before

it can be published or broadcast In Near v. Minnesota (1931) the Supreme Court ruled

that free speech and free press protections have priority, and lawsuits for libel and slander and prosecutions for criminal advocacy will curb the effect of defamation and untruths.

The theory on this is that liberty of the press depends on having no prior restraints on publications.

Essentially a matter of balancing national security and the right of the public to be informed.

Schenck v. United States (1919) During WW I, Schenck mailed circulars suggesting

that the draft was a monstrous wrong motivated by the capitalist system.

The Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances.

During wartime, utterances tolerable in peacetime can be punished.

This ruling upheld the Espionage Act of 1917.

Decision: 9 votes for United States, 0 vote(s) against

New York Times v. United States (1971)“The Pentagon Papers”

The Nixon Administration attempted to prevent the New York Times and Washington Post from publishing classified materials regarding United States activities in Vietnam.

Nixon argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co.

Since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

Decision: 6 votes for New York Times, 3 vote(s) against

What is WikiLeaks?

Wikileaks has been in the news over the past couple of years, but what is it and who is behind it?

Click image to find out.

WikiLeaksSome Points to Consider

Unlike the Pentagon Papers, the WikiLeaks documents do not show that the government deliberately misled Americans about the nature of the Afghan war.

President Obama said that the documents don’t reveal any new information and show that his review of the Afghan war strategy in the fall of 2009 was necessary.

However, White House officials are concerned that the WikiLeaks documents contain details about specific military operations and the names of people involved.

White House Press Secretary Robert Gibbs said the leak "poses a very real and potential threat to those that are working hard every day to keep us safe.”

A 22-year-old Army intelligence specialist is in custody for allegedly turning the documents over to WikiLeaks; he has been charged with stealing classified information.

Sarah Palin E-mail HackFair or Foul?

During the 2008 United States presidential election campaigns, the contents of a Yahoo account belonging to Sarah Palin (screenshots of e-mail messages and photos) were posted on WikiLeaks after being hacked.

WikiLeaks justified its publishing of the contents of the account by citing Palin's reported use of a Yahoo e-mail account to conduct official state business.

The hack uncovered family photos and the addresses of Palin friends as well as what looks like proof that Palin was indeed using personal e-mail for state business.

WikiLeaks in the News Again A massive leak of nearly 400,000 classified U.S. documents

from the Iraq war detail hundreds of incidents in which American troops found evidence that Iraqi security forces were abusing prisoners, including reports that U.S. soldiers did not always take steps to stop the violence.

The reports leaked reveal an average of 31 Iraqi civilians were dying every day during a six year period. For comparison, the “Afghan War Diaries,” previously released

by WikiLeaks, covering the same period, detail the deaths of some 20,000 people.

Iraq during the same period, was five times as lethal with equivalent population size.

Another Wikileaks Bomb Julian Assange discusses the release of the documents

Discussion Questions1. The Pentagon Papers case was based on the First

Amendment; do you think that WikiLeaks is protected by this Amendment in their release of military secrets? Do you think they should be?

2. Bradley Manning, a22-year-old Army intelligence specialist, is in custody for allegedly turning over documents dealing with the war in Afghanistan to WikiLeaks (those released in July); do you believe he should face criminal charges for his actions?

3. Is WikiLeaks founder Julian Assange pursuing a noble cause, or is he just trying to stir up trouble and gain notoriety?