Wikileaks, the First Amendment and the Press by Jonathan Peters1
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Wikileaks and the Institutional Framework for National Security Disclosures
THE YALE LAW JOURNAL PATRICIA L. BELLIA WikiLeaks and the Institutional Framework for National Security Disclosures ABSTRACT. WikiLeaks' successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers' decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks' defenders. The Supreme Court's decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm. The lessons of the PentagonPapers case for WikiLeaks, however, are more complicated than they may first appear. The Court's per curiam opinion masks areas of substantial disagreement as well as a number of shared assumptions among the Court's members. Specifically, the Pentagon Papers case reflects an institutional framework for downstream disclosure of leaked national security information, under which publishers within the reach of U.S. law would weigh the potential harms and benefits of disclosure against the backdrop of potential criminal penalties and recognized journalistic norms. The WikiLeaks disclosures show the instability of this framework by revealing new challenges for controlling the downstream disclosure of leaked information and the corresponding likelihood of "unintermediated" disclosure by an insider; the risks of non-media intermediaries attempting to curtail such disclosures, in response to government pressure or otherwise; and the pressing need to prevent and respond to leaks at the source. AUTHOR. -
An Examination of the Call to Censure the President
S. HRG. 109–524 AN EXAMINATION OF THE CALL TO CENSURE THE PRESIDENT HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION MARCH 31, 2006 Serial No. J–109–66 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 28–341 PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 14:36 Aug 16, 2006 Jkt 028341 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\28341.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY ARLEN SPECTER, Pennsylvania, Chairman ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin JOHN CORNYN, Texas CHARLES E. SCHUMER, New York SAM BROWNBACK, Kansas RICHARD J. DURBIN, Illinois TOM COBURN, Oklahoma MICHAEL O’NEILL, Chief Counsel and Staff Director BRUCE A. COHEN, Democratic Chief Counsel and Staff Director (II) VerDate 0ct 09 2002 14:36 Aug 16, 2006 Jkt 028341 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\28341.TXT SJUD4 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Cornyn, Hon. John, a U.S. Senator from the State of Texas .............................. -
The Pentagon Papers Case and the Wikileaks Controversy: National Security and the First Amendment
GW Law Faculty Publications & Other Works Faculty Scholarship 2011 The Pentagon Papers Case and the Wikileaks Controversy: National Security and the First Amendment Jerome A. Barron George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation 1 Wake Forest J. L. & Pol'y 49 (2011) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. V._JB_FINAL READ_NT'L SEC. & FA (DO NOT DELETE) 4/18/2011 11:10 AM THE PENTAGON PAPERS CASE AND THE WIKILEAKS CONTROVERSY: NATIONAL SECURITY AND THE FIRST AMENDMENT JEROME A. BARRON † INTRODUCTION n this Essay, I will focus on two clashes between national security I and the First Amendment—the first is the Pentagon Papers case, the second is the WikiLeaks controversy.1 I shall first discuss the Pentagon Papers case. The Pentagon Papers case began with Daniel Ellsberg,2 a former Vietnam War supporter who became disillusioned with the war. Ellsberg first worked for the Rand Corporation, which has strong associations with the Defense Department, and in 1964, he worked in the Pentagon under then-Secretary of Defense Robert McNamara.3 He then served as a civilian government employee for the U.S. State Department in Vietnam4 before returning to the United † Harold H. Greene Professor of Law, The George Washington University Law School (1998–present); Dean, The George Washington University Law School (1979– 1988); B.A., Tufts University; J.D., Yale Law School; LL.M., The George Washington University. -
Free Speech and Civil Liberties in the Second Circuit
Fordham Law Review Volume 85 Issue 1 Article 3 2016 Free Speech and Civil Liberties in the Second Circuit Floyd Abrams Cahill Gordon & Reindel LLP Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Constitutional Law Commons, and the First Amendment Commons Recommended Citation Floyd Abrams, Free Speech and Civil Liberties in the Second Circuit, 85 Fordham L. Rev. 11 (2016). Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss1/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. FREE SPEECH AND CIVIL LIBERTIES IN THE SECOND CIRCUIT Floyd Abrams* INTRODUCTION Much of the development of First Amendment law in the United States has occurred as a result of American courts rejecting well-established principles of English law. The U.S. Supreme Court has frequently rejected English law, permitting far more public criticism of the judiciary than would be countenanced in England, rejecting English libel law as being insufficiently protective of freedom of expression1 and holding that even hateful speech directed at minorities receives the highest level of constitutional protection.2 The Second Circuit has played a major role in the movement away from the strictures of the law as it existed in the mother country. In some areas, dealing with the clash between claims of national security and freedom of expression, the Second Circuit predated the Supreme Court’s protective First Amendment rulings. -
War Powers for the 21St Century: the Constitutional Perspective
WAR POWERS FOR THE 21ST CENTURY: THE CONSTITUTIONAL PERSPECTIVE HEARING BEFORE THE SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION APRIL 10, 2008 Serial No. 110–164 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ U.S. GOVERNMENT PRINTING OFFICE 41–756PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:32 May 14, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\IOHRO\041008\41756.000 Hintrel1 PsN: SHIRL COMMITTEE ON FOREIGN AFFAIRS HOWARD L. BERMAN, California, Chairman GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey Samoa DAN BURTON, Indiana DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California BRAD SHERMAN, California DANA ROHRABACHER, California ROBERT WEXLER, Florida DONALD A. MANZULLO, Illinois ELIOT L. ENGEL, New York EDWARD R. ROYCE, California BILL DELAHUNT, Massachusetts STEVE CHABOT, Ohio GREGORY W. MEEKS, New York THOMAS G. TANCREDO, Colorado DIANE E. WATSON, California RON PAUL, Texas ADAM SMITH, Washington JEFF FLAKE, Arizona RUSS CARNAHAN, Missouri MIKE PENCE, Indiana JOHN S. TANNER, Tennessee JOE WILSON, South Carolina GENE GREEN, Texas JOHN BOOZMAN, Arkansas LYNN C. WOOLSEY, California J. GRESHAM BARRETT, South Carolina SHEILA JACKSON LEE, Texas CONNIE MACK, Florida RUBE´ N HINOJOSA, Texas JEFF FORTENBERRY, Nebraska JOSEPH CROWLEY, New York MICHAEL T. -
An Oft Overlooked Response Option to Hostile Cyber Operations
The Plea of Necessity: An Oft Overlooked Response Option to Hostile Cyber Operations Louise Arimatsu and Michael N. Schmitt 97 INT’L L. STUD. 1171 (2021) Volume 97 2021 Published by the Stockton Center for International Law ISSN 2375-2831 The Plea of Necessity Vol. 97 The Plea of Necessity: An Oft Overlooked Response Option to Hostile Cyber Operations Louise Arimatsu∗ and Michael N. Schmitt∗∗ CONTENTS I. Introduction ........................................................................................... 1172 II. Uncertainty and Limitations in the Law of Self-Defense ............... 1175 III. Uncertainty and Limitations in the Law of Countermeasures ....... 1179 IV. Necessity as a Response Option ......................................................... 1181 A. Threshold .................................................................................... 1183 B. Limitations................................................................................... 1191 C. Assistance by Other States? ...................................................... 1194 D. Geography ................................................................................... 1197 V. Concluding Thoughts ........................................................................... 1198 ∗ Distinguished Policy Fellow, Centre for Women, Peace and Security, London School of Economics. ∗∗ Professor of International Law, University of Reading; Francis Lieber Distinguished Scholar, U.S. Military Academy at West Point; Charles H. Stockton Distinguished Scholar- in-Residence, -
Stuxnet, Schmitt Analysis, and the Cyber “Use-Of-Force” Debate
Members of International Telecommunications Union and UN Institute for Training and Research confer on cyber security UN (Jean-Marc Ferré) UN (Jean-Marc Stuxnet, Schmitt Analysis, and the Cyber “Use-of-Force” Debate By ANDREW C. FOLTZ All Members shall refrain in ne of the many seemingly advance the specific criteria states will use in intractable legal issues sur- making such determinations. their international relations rounding cyberspace involves As discussed in this article, several ana- from the threat or use of force O whether and when peacetime lytic frameworks have been developed to help against the territorial integ- cyber operations constitute a prohibited use of assess when cyber operations constitute a use force under Article 2(4) of the United Nations of force.3 One conclusion these frameworks rity or political independence (UN) Charter. Notwithstanding a significant share is that cyber operations resulting in of any state, or in any other body of scholarly work on this topic and physical damage or injury will almost always manner inconsistent with extensive real-world examples from which to be regarded as a use of force. When these draw, there is no internationally recognized frameworks were developed, however, there the Purposes of the United definition of a use of force.2 Rather, what has were few, if any, examples of peacetime, state- Nations. emerged is a general consensus that some sponsored cyber coercion. More importantly, cyber operations will constitute a use of force, the prospect of cyber attacks causing physical —Article 2(4), Charter of the but that it may not be possible to identify in damage was largely theoretical.4 Beginning United Nations1 Lieutenant Colonel Andrew C. -
Disinformation, and Influence Campaigns on Twitter 'Fake News'
Disinformation, ‘Fake News’ and Influence Campaigns on Twitter OCTOBER 2018 Matthew Hindman Vlad Barash George Washington University Graphika Contents Executive Summary . 3 Introduction . 7 A Problem Both Old and New . 9 Defining Fake News Outlets . 13 Bots, Trolls and ‘Cyborgs’ on Twitter . 16 Map Methodology . 19 Election Data and Maps . 22 Election Core Map Election Periphery Map Postelection Map Fake Accounts From Russia’s Most Prominent Troll Farm . 33 Disinformation Campaigns on Twitter: Chronotopes . 34 #NoDAPL #WikiLeaks #SpiritCooking #SyriaHoax #SethRich Conclusion . 43 Bibliography . 45 Notes . 55 2 EXECUTIVE SUMMARY This study is one of the largest analyses to date on how fake news spread on Twitter both during and after the 2016 election campaign. Using tools and mapping methods from Graphika, a social media intelligence firm, we study more than 10 million tweets from 700,000 Twitter accounts that linked to more than 600 fake and conspiracy news outlets. Crucially, we study fake and con- spiracy news both before and after the election, allowing us to measure how the fake news ecosystem has evolved since November 2016. Much fake news and disinformation is still being spread on Twitter. Consistent with other research, we find more than 6.6 million tweets linking to fake and conspiracy news publishers in the month before the 2016 election. Yet disinformation continues to be a substantial problem postelection, with 4.0 million tweets linking to fake and conspiracy news publishers found in a 30-day period from mid-March to mid-April 2017. Contrary to claims that fake news is a game of “whack-a-mole,” more than 80 percent of the disinformation accounts in our election maps are still active as this report goes to press. -
9780195181234.Pdf
LOSING THE NEWS Institutions of American Democracy Kathleen Hall Jamieson and Jaroslav Pelikan, Directors Other books in the series Schooling in America: How the Public Schools Meet the Nation’s Changing Needs Patricia Albjerg Graham The Most Democratic Branch: How the Courts Serve America Jeffrey Rosen The Broken Branch: How Congress Is Failing America and How to Get It Back on Track Thomas E. Mann and Norman J. Ornstein LOSING THE NEWS The Future of the News That Feeds Democracy Alex S. Jones 1 2009 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2009 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Jones, Alex S. Losing the news : the future of the news that feeds democracy / Alex S. Jones. p. cm. — (Institutions of American democracy) Includes bibliographical references and index. -
New York Law School Magazine, Vol. 33, No. 2 New York Law School
digitalcommons.nyls.edu NYLS Publications New York Law School Alumni Magazine 2014 New York Law School Magazine, Vol. 33, No. 2 New York Law School Follow this and additional works at: http://digitalcommons.nyls.edu/alum_mag Recommended Citation New York Law School, "New York Law School Magazine, Vol. 33, No. 2" (2014). New York Law School Alumni Magazine. Book 1. http://digitalcommons.nyls.edu/alum_mag/1 This Book is brought to you for free and open access by the NYLS Publications at DigitalCommons@NYLS. It has been accepted for inclusion in New York Law School Alumni Magazine by an authorized administrator of DigitalCommons@NYLS. Office of Marketing and Communications 185 West Broadway Magazine • 2014 • VOL. 33, nO. 2 New York, NY 10013-2921 SAVE THE DATE REUNION AND ALUMNI WEEKEND APRIl 23–25, 2015 Mark your calendars, and plan to celebrate New York Law School! The 2015 Reunion and Alumni Weekend is shaping up to be an extraordinary occasion for classes ending in 0 and 5—and for the entire NYLS community. You won’t want to miss it! Reunion Year Class Volunteers Needed Do you want to make sure your class is well represented at Reunion? E-mail [email protected] to join your class committee. cOngresswOMan nancY peLOsi The fuTure is nOw: nYLs Makes DeLiVers The shainwaLD pubLic iMpressiVe prOgress On achieVing inTeresT LecTure sTraTegic pLan gOaLs www.nyls.edu P6 P8 WE ARE NEW YORK’S LAW SCHOOL SINCE 1891 The Center for New York City Law marked its 20th year WE ARE NEW YORK’S LAW SCHOOL of presenting the CityLaw Breakfast Series in September, when it hosted Carl Weisbrod, Chair of the NYC Planning Commission. -
Instructor's Guide
The Fight for Free Speech Ten Cases That Define Our First Amendment Freedoms BY IAN ROSENBERG Instructor’s Guide A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. 312 pages | Cloth | 9781479801565 • • • Law | Politics | Current Events Ian Rosenberg has over twenty years of experience as a media lawyer, and has worked as legal counsel for ABC News since 2003. -
Cyber Warfare: Surviving an Attack
14 Cyber Warfare: Surviving an Attack By Devabhaktuni Srikrishna Cyberspace is a new domain of warfare. Created to minimize the vulnerability of United States communications networks to a crippling nuclear first strike by the Soviet Union, the Internet that was originally envisioned to enhance U.S. security is turning into a battlefield 1 for nations or sub-national groups to launch virally spreading attacks 2 and induce network failures potentially involving critical infrastructure systems.3 Cyber warfare and cyberoffense 4 have been a part of U.S. military operations for decades.5 Treaties and rules of engagement define what is off-limits during a cyberwar.6 The more vulnerable the system is, the more policy is necessary to deter adversarial nations from launching attacks, and vice-versa. Some cyberattacks are analogous to air forces probing one anotherʼs defenses or perhaps to espionage during the Cold War, which occurred though there was no official war and no physical harm. Cyberespionage largest recent cyberattacks in their book, but due to a gap in theory and practice. operations of China, for example, against the United States and its allies Cyber War: The Next Threat to National Organizations are vulnerable to the extent have been going on for years and will Security and What to Do About It. Once a they want to be and to how much they want never really end.7 virus or malware is inadvertently to spend to address vulnerabilities. 14 And downloaded onto a networked personal cyber vulnerabilities can be completely U.S. Air Force General Kevin Chilton, computer (PC) by a user9, the PC can be eliminated -- unlike conventional, nuclear, former Commander-in-Chief of commandeered to perform cyberattacks chemical, or biological which are permanent Strategic Command, has stated that ranging from electronic banking crimes, vulnerabilities due to laws of nature.