DOCSLIB.ORG

On May 23, 2019, Several Media Outlets Reported That

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

A PUBLICATION OF THE SILHA CENTER FOR THE STUDY OF MEDIA ETHICS AND LAW | SUMMER 2019 Federal Prosecutors Charge Julian Assange With Seventeen Counts Under the Espionage Act, Prompting Renewed Concern for Journalists n May 23, 2019, several media outlets reported that Following Assange’s arrest by British offi cials, U.S. the U.S. Department of Justice (DOJ) had released prosecutors unsealed charges of conspiracy to “access a an indictment alleging 17 additional charges against [government] computer without authorization” under the WikiLeaks founder Julian Assange, all of which Computer Fraud and Abuse Act (CFAA). 18 U.S.C. § 1030. The were under the Espionage Act, 18 U.S.C. § 793. charges alleged that Assange assisted Manning in cracking a OThe charges prompted signifi cant concern from journalists password to gain access to the classifi ed documents published and press advocates that the indictment was the next step in by WikiLeaks. The indictment was fi led on March 6, 2018 in the prosecuting traditional journalists under the statute. Meanwhile, U.S. District Court for the Eastern District of Virginia and was on July 30, 2019, a federal judge dismissed a lawsuit fi led by the kept secret until prosecutors mistakenly mentioned charges in Democratic National Committee (DNC) against WikiLeaks and an unrelated case’s court fi lings. Assange, fi nding that their publication of stolen DNC emails and Following the charges under the CFAA, some observers documents was protected by the First Amendment. attempted to differentiate Assange from traditional journalists. WikiLeaks gained notoriety in 2010 after publishing thousands David A. Schulz, a First Amendment lawyer who advised The of classifi ed U.S. military documents on its website, including Guardian when it published documents leaked by Edward a video from a U.S. military helicopter as it shot and killed Snowden, told Vice News on April 11, “If you break into a Reuters photographer in Baghdad in July 2007, as well as someone’s home to get information, you don’t have legal operating manuals for the Guantanamo Bay prison. (For more protection under the guise of sharing the news.” (Schulz background on WikiLeaks, see “WikiLeaks’ Document Dump delivered the 29th Annual Silha Lecture, titled “See No Evil: Sparks Debate” in the summer 2010 issue of the Silha Bulletin.) Why We Need a New Approach to Government Transparency” On Aug. 21, 2013, thenArmy Pvt. Bradley Manning was on Oct. 16, 2014. For more information on the lecture, see “29th sentenced to 35 years in prison for violating the Espionage Act. Annual Silha Lecture Examines the Right to Access Government On Jan. 17, 2017, thenPresident Barack Obama commuted Information in the Wake of National Security and Privacy Manning’s sentence to seven years. In 2013, Manning publicly Concerns” in the Fall 2014 issue of the Silha Bulletin.) announced she is a transgender woman and changed her name However, other observers still expressed concern. In an to Chelsea. (For more information on Manning, see “President article for Harper magazine’s April issue, James Goodale, Obama Commutes Chelsea Manning’s Sentence, Pardons Gen. former defense counsel for The New York Times in New York James E. Cartwright, Takes No Action on Edward Snowden” in Times v. United States , 403 U.S. 713 (1971), which arose after the Winter/Spring 2017 issue of the Silha Bulletin and “Manning the Times published excerpts from the Pentagon Papers, Sentenced to 35 Years in Prison for Leaks” in the Winter/Spring highlighted how investigative reporters often obtain classifi ed 2015 issue.) information through a process of encouraging sources and On April 11, 2019, British police arrested Assange after helping them remain anonymous. If they are no longer allowed to Ecuador’s President Lenin Moreno revoked political asylum use such techniques, Goodale asserted, “investigative reporting and evicted Assange for “repeated violations [of] international based on classifi ed information will be given a near death conventions and dailylife protocols.” Assange had been granted blow.” In an April 12 oped for The Hill, Goodale added, “Can diplomatic asylum in the Ecuadorian embassy in 2012 after a journalist instruct his source in a manner which will permit losing an appeal against extradition to Sweden, where he faced the source to escape identifi cation? The answer is, generally two sexual assault allegations. Assange was also found guilty speaking, yes — but whether it applies to newsgathering in the in Westminster Magistrates’ Court of breaching his 2012 bail Digital Age, using the computer, will be the question in this case.” conditions. On May 1, 2019, he was sentenced to 50 weeks in (Goodale was the 2013 Silha lecturer. For more information prison on the breached bail charges, and on July 18, he dropped on the lecture titled “The Lessons of the Pentagon Papers: Has his appeal against the jail term. Obama Learned Them?,” see “Silha Lecturer Links Pentagon Assange, continued on page 3 Inside This Issue Summer 2019: Volume 24, No. 3 1 Federal Prosecutors Charge Julian Assange With Seventeen 33 Minnesota Supreme Court, Sixth Circuit, and Eastern Counts Under the Espionage Act, Prompting Renewed District of Kentucky Rule in Notable Defamation Cases Concern for Journalists Defamation Cover Story 40 Judge Allows Media and Public to Make Copies of Evidence 6 Police Raid Freelance Journalist’s Home and Offi ce, from Trial of Former Minneapolis Police Offi cer, Restricts Prompting Criticism and Legal Action Live Streaming of Noor Sentencing Hearing Searches and Seizures Access 10 Second Circuit Rules President Trump Violated the First 43 U.S. Customs and Border Protection Continues to Raise Amendment By Blocking Twitter Users Privacy Issues Amid Data Breach, Searches and Seizures of First Amendment Electronic Devices Searches and Seizures 12 White House Revokes and Suspends Hard Press Passes Under New Rules 47 The New York Times Discontinues Editorial Cartoons in Its Access International Edition; Canadian Publisher Ends Contract with Editorial Cartoonist 15 FTC Reaches $5 Billion Settlement with Facebook, Editorial Control Prompting Praise and Criticism Data Privacy 50 Federal Judge Rules Controversial Undercover Video Maker Protected from Certain Damages by First Amendment 18 Debates Continue Over a Federal Data Privacy Law or First Amendment Framework Data Privacy 52 Attorney Kelli L. Sager to Deliver 34th Annual Silha Lecture: “In Defense of Public Trials: Access to Court 23 Supreme Court Rulings Address First Amendment and FOIA Proceedings in the Internet Age” Questions Silha Center Events Supreme Court News 30 Former Supreme Court Justice John Paul Stevens Passes Away; Authored Notable First Amendment Majority and Dissenting Opinions Supreme Court News This is the fi rst issue of the Silha Bulletin to be posted online only. The Bulletin will continue to be published three times a year: late fall, late spring, and late summer. It will be available at: www.silha.umn.edu and the University of Minnesota Digital Conservancy at: http://conservancy.umn.edu/discover?query=Silha+Bulletin. If you would like to be notifi ed when a new issue of the Silha Bulletin has been published online, or receive an electronic copy of the Bulletin, please email us at [email protected]. Please include “Silha Bulletin” in the subject line. You may also call the Silha Center at (612) 6253421. SILHA C ENTER S TAFF JANE E. KIRTLEY SILHA C ENTER D IRECTOR AND S ILHA P ROFESSOR OF M EDIA E THICS AND L AW SCOTT M EMMEL SILHA BULLETIN E DITOR SARAH W ILEY ERIC A RCH SILHA R ESEARCH A SSISTANT SILHA R ESEARCH A SSISTANT ELAINE H ARGROVE SILHA C ENTER S TAFF 2 Assange, continued from page 1 Finally, the indictment alleged 17 counts under the Espionage Papers and Obama Administration’s Treatment of Linkers” in the Act, including multiple counts of “Conspiracy to Obtain, Receive, Fall 2013 issue of the Silha Bulletin.) and Disclose National Defense Information,” “Unauthorized In an April 11 interview with the HuffPost, Silha Center Obtaining and Receiving of National Defense Information,” and Director and Silha Professor of Media Ethics and Law Jane “Unauthorized Disclosure of National Defense Information.” The Kirtley warned that the CFAA charges could be an “incremental 18th count against Assange in the indictment was the original step” towards charging journalists under the Espionage Act. (For charge under the CFAA. The full indictment is available online at: more information on the arrest of Assange and indictment under https://assets.documentcloud.org/documents/6024848/52319US the CFAA, see “WikiLeaks Founder Julian Assange Arrested AssangeSupersedingIndictment.pdf. on Computer Hacking Charges, Fueling Concerns Over Press According to Vice News on May 24, 2019, Assange remained Freedom” in the Winter/Spring 2019 issue of the Silha Bulletin.) in a highsecurity prison in London, noting that on May 13, On May 23, 2019, U.S. prosecutors announced 17 additional Swedish authorities had reopened its investigation into sexual charges against Assange under the Espionage Act. The 37page assault accusations against Assange and wanted him extradited indictment fi led in the Eastern District of Virginia fi rst argued to Sweden. As the Bulletin went to press, it was unclear whether that Assange and WikiLeaks had “repeatedly sought, obtained, Assange would be extradited to the United States or Sweden, or and disseminated information that the United States classifi ed remain in the United Kingdom (UK). due to the serious risk that unauthorized
Recommended publications
  • Meet the Dean Nicholas W

    Meet the Dean Nicholas W

    BLSLawNotesThe Magazine of Brooklyn Law School | fall 2012 Meet the Dean Nicholas W. Allard becomes the Eighth Dean of Brooklyn Law School www.brooklaw.edu • 1 BLSLawNotes Vol. 17, No. 2 Editor-in-Chief Graphic Design Linda S. Harvey Ron Hester Design & Photography Assistant Dean for External Affairs Photographers Managing Editor Damion Edwards Andrea Strong ’94 Matilda Garrido Ron Hester Contributors Alan Perlman Diana Barnes-Brown Joe Vericker Bethany Blankley Tina Herrera Printer Alice Loeb Allied Printing Services, Inc. Andrea Polci Debra Sapp ’04 BLS LawNotes is published Andrea Strong ’94 semi-annually by Brooklyn Law School ClassNotes Editor for alumni, students, Caitlin Monck-Marcellino ’02 faculty and friends. Director of Alumni Relations Letters and Comments Faculty Highlights Editor We welcome letters and comments Bethany Blankley about articles in BLS LawNotes from Associate Director of Communications our graduates and friends. We will consider reprinting brief submissions Photo Editor in LawNotes and on our website. Matilda Garrido mailing address: Managing Editor BLS LawNotes 250 Joralemon Street Brooklyn, New York 11201 fax: 718-625-5242 email: [email protected] web: www.brooklaw.edu on the cover: Dean Nicholas W. Allard, with Brooklyn as his backdrop, photographed on the 22nd floor balcony of Feil Hall’s Forchelli Conference Center. 2 • BLSLawNotes | Fall 2012 CONTENTS FEATURES IN EVERY ISSUE 20 Meet the Dean: 3 Briefs From “Bedford Falls” to the Beltway Convocation; A Tech Revolution Grows in Brooklyn; to Brooklyn, Nicholas W. Allard Spotlight on OUTLaws; New Courses Bring Practice of Law into the Classroom; Janet Sinder Appointed Becomes the Eighth Dean of Library Director; Spring Events Roundup.
  • David Hume Kennerly Archive Creation Project

    David Hume Kennerly Archive Creation Project

    DAVID HUME KENNERLY ARCHIVE CREATION PROJECT 50 YEARS BEHIND THE SCENES OF HISTORY The David Hume Kennerly Archive is an extraordinary collection of images, objects and recollections created and collected by a great American photographer, journalist, artist and historian documenting 50 years of United States and world history. The goal of the DAVID HUME KENNERLY ARCHIVE CREATION PROJECT is to protect, organize and share its rare and historic objects – and to transform its half-century of images into a cutting-edge digital educational tool that is fully searchable and available to the public for research and artistic appreciation. 2 DAVID HUME KENNERLY Pulitzer Prize-winning photojournalist David Hume Kennerly has spent his career documenting the people and events that have defined the world. The last photographer hired by Life Magazine, he has also worked for Time, People, Newsweek, Paris Match, Der Spiegel, Politico, ABC, NBC, CNN and served as Chief White House Photographer for President Gerald R. Ford. Kennerly’s images convey a deep understanding of the forces shaping history and are a peerless repository of exclusive primary source records that will help educate future generations. His collection comprises a sweeping record of a half-century of history and culture – as if Margaret Bourke-White had continued her work through the present day. 3 HISTORICAL SIGNIFICANCE The David Hume Kennerly collection of photography, historic artifacts, letters and objects might be one of the largest and most historically significant private collections ever produced and collected by a single individual. Its 50-year span of images and objects tells the complete story of the baby boom generation.
  • The Pulitzer Prizes 2020 Winne

    The Pulitzer Prizes 2020 Winne

    WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70
  • Weiner May Lose Slot on Key Committee

    Weiner May Lose Slot on Key Committee

    VOL. 5 NO. 85 POLITITHURSDAY, JUNE 16, 2011 CO WWW.PolITICO.COM C ongress Gets Richer Weiner May Lose Slot Even in Bad Economy On Key Committee BY JOHN BRESNAHAN Darrell Issa (R-Calif.), one of the JON H Shinkle — AND JAKE SHERMAN most controversial members of POLITICO BY JONATHAN ALLEN plan to meet at noon Thursday the House, has moved to the top Rep. Darrell to confer about plans to increase The U.S. economy continues of the list, with a minimum net Issa is one of House Democratic leaders pressure on the scandal-scarred to sputter along, unemployment worth in excess of $220 million, the wealthi- could begin the process of taking New York Democrat to give up his remains at a stubbornly high 9.1 according to new financial disclo- est and most away Rep. Anthony Weiner’s com- seat. Democratic sources familiar percent, the federal deficit is $1.4 sures released Wednesday. controversial mittee assignments today as part with earlier discussions say they trillion and talk of a “double-dip” A broad look at congressional House mem- of a final push to force him from may choose to call for a caucus recession abounds. disclosures shows that lawmakers bers. office, even as a minor backlash vote on the matter next week. AP Yet members of Congress re- enjoyed major gains in the stock against calls for his resignation “That is under active consider- Rep. Anthony main far wealthier than the aver- market, which posted sharp in- has emerged from one corner of ation,” said a source familiar with Weiner age American, and their net worth creases last year.
  • Www. George Wbush.Com

    Www. George Wbush.Com

    Post Office Box 10648 Arlington, VA 2221 0 Phone. 703-647-2700 Fax: 703-647-2993 www. George WBush.com October 27,2004 , . a VIA FACSIMILE (202-219-3923) AND CERTIFIED MAIL == c3 F Federal Election Commission 999 E Street NW Washington, DC 20463 b ATTN: Office of General Counsel e r\, Re: MUR3525 Dear Federal Election Commission: On behalf of President George W. Bush and Vice President Richard B. Cheney as candidates for federal office, Karl Rove, David Herndon and Bush-Cheney ’04, Inc., this letter responds to the allegations contained in the complaint filed with the Federal Election Commission (the “Commission”) by Kerry-Edwards 2004, Inc. The Kerry Campaign’s complaint alleges that Bush-Cheney 2004 and fourteen other individuals and organizations violated the Federal Election Campaign Act of 197 1, as amended (2 U.S.C. $ 431 et seq.) (“the Act”). Specifically, the Kerry Campaign alleges that individuals and organizations named in the complaint illegally coordinated with one another to produce and air advertising about Senator. Kerry’s military service. 1 Considering that no entity by the name of Bush-Cheney 2004 appears to exist, 1’ Bush-Cheney ’04, Inc. (“Bush Campaign”) presumes that the Kerry Campaign mistakenly filed its complaint against a non-existent entity and actually intended to file against the Bush Campaign. Assuming that the foregoing presumption is correct; the Bush Campaign, on behalf of itself and President George W. Bush, Vice President Richard B. Cheney, Karl Rove, David Herndon (the “Parties”), responds as follows: Response to Allegations Against President George W. Bush, Vice President Richard B.
  • Strategic Communications Workshop

    Strategic Communications Workshop

    WWW.NASAWATCH.COM WWW.NASAWATCH.COM WWW.NASAWATCH.COM Overview Strategic Communications Workshop Market Research Analysis NASA Message Architecture Outreach Strategies New Message Platform Next Steps 3 WWW.NASAWATCH.COM WWW.NASAWATCH.COM 4 WWW.NASAWATCH.COM WWW.NASAWATCH.COM The Office of Communications Planning (OCP) is charged with developing long-term communication strategies and plans for increasing public awareness and understanding of NASA’s mission and goals. 5 WWW.NASAWATCH.COM WWW.NASAWATCH.COM What is a Strategic Communications Framework? A Guide to implement Strategic Communications • It is a document which includes message architecture, target audiences, new outreach mechanisms, and strategies for implementation. • It can be used to build support throughout the Agency for Strategic Communications plans and activities. • It is an actionable document that evolves. A Strategic Communications Framework Guides the Agency’s Communications 6 WWW.NASAWATCH.COM WWW.NASAWATCH.COM Purpose • You are here today for the presentation of the NASA Strategic Communications Framework. • We are requesting your inputs by Monday, November 27, 2006. Together, we embark on a new Communications Approach for the Agency. Today is the first step. 7 WWW.NASAWATCH.COM WWW.NASAWATCH.COM Process Strategic Market Research Communications Analysis Workshop Formulation Validation Rollout Testing 8 WWW.NASAWATCH.COM WWW.NASAWATCH.COM Schedule ACTIVITY OCT NOV DEC JAN FEB DEVELOP FRAMEWORK FORMULATION PHASE 11-13 STRATEGIC COMMUNICATIONS WORKSHOP MARKET RESEARCH
  • Statement of Brian Karem

    Statement of Brian Karem

    STATEMENT OF BRIAN KAREM I write to provide you with background about myself and to tell you my side of the story regarding what happened at the Social Media Summit on July 11, 2019. I have been a political reporter for almost 40 years. I have also covered crime and wars, and I have run community newspapers. I’ve been jailed, shot at, beaten, and threatened. I am currently Playboy’s senior White House correspondent and a political analyst for CNN. I am president of the Maryland, Delaware, and District of Columbia Press Association. In 1990, I was jailed for contempt of court after refusing to disclose the name of confidential sources who helped me arrange a telephone interview with a jailed murder suspect, after which I was awarded the National Press Club’s Freedom of the Press award. I went on to work as executive editor of The Sentinel Newspapers in Maryland and as producer and television correspondent for America’s Most Wanted. I have also authored seven books. I have covered six White Houses. While I have held my current hard pass since last year, in the past I also held hard passes. My experience in the White House is important because I can tell you, point blank, that the behavior of the press corps today is tame by comparison. The first time I walked into the White House I was 25. It was 1986 and Ronald Reagan was president. The first person I met was Helen Thomas, who covered the White House under ten Presidents, and who, as it turns out, knew my great grandfather from Lebanon.
  • A Postmortem on the Midterm Elections CLE Materials Packet

    A Postmortem on the Midterm Elections CLE Materials Packet

    Democratic Distortions: A Postmortem on the Midterm Elections CLE Materials Packet Wednesday, November 14 9:30 a.m. to 4:00 p.m. Democracy’s Deficits Samuel Issacharoff† Barely a quarter century after the collapse of the Soviet empire, democracy has entered an intense period of public scrutiny. The election of President Donald Trump and the Brexit vote are dramatic moments in a populist uprising against the post- war political consensus of liberal rule. But they are also signposts in a process long in the making, yet perhaps not fully appreciated until the intense electoral upheavals of recent years. The current moment is defined by distrust of the institutional order of democracy and, more fundamentally, of the idea that there is a tomorrow and that the losers of today may unseat the victors in a new round of electoral challenge. At issue across the nuances of the national settings is a deep challenge to the core claim of democracy to be the superior form of political organization of civilized peoples. The current democratic malaise is rooted not so much in the outcome of any particular election but in four central institutional challenges, each one a compro- mise of how democracy was consolidated over the past few centuries. The four are: first, the accelerated decline of political parties and other institutional forms of pop- ular engagement; second, the paralysis of the legislative branches; third, the loss of a sense of social cohesion; and fourth, the decline in state competence. While there are no doubt other candidates for inducing anxiety over the state of democracy, these four have a particular salience in theories of democratic superiority that make their decline or loss a matter of grave concern.
  • United States District Court for the District of Columbia

    United States District Court for the District of Columbia

    UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BRIAN J. KAREM, : : Plaintiff, : Civil Action No.: 19-2514 : v. : Re Document No.: 2 : DONALD J. TRUMP and : STEPHANIE A. GRISHAM, : : Defendants. : MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION For decades, and across many presidential administrations, the White House has made long-term press passes available to any Washington-based journalist who regularly covers the President and can clear a Secret Service background check. In light of that decision to make White House press facilities widely accessible, the D.C. Circuit has held that reporters have a First Amendment liberty interest in possessing a long-term so-called “hard pass”—an interest that, under the Fifth Amendment, may not be deprived without due process. See Sherrill v. Knight, 569 F.2d 124 (D.C. Cir. 1977). This case involves an alleged violation of that due process right. Plaintiff Brian Karem, a White House correspondent for Playboy magazine, claims that White House Press Secretary Stephanie Grisham unlawfully suspended his hard pass as a punishment following his involvement in a brief verbal altercation in the Rose Garden that was captured on video and shared widely on the internet. As the Court will explain below, Karem has, at this early stage of the proceedings, shown that he is likely to succeed on this due process claim, because the present record indicates that Grisham failed to provide fair notice of the fact that a hard pass could be suspended under these circumstances. Meanwhile, Karem has shown that even the temporary suspension of his pass inflicts irreparable harm on his First Amendment rights.
  • The Tillman and Lynch Episodes

    The Tillman and Lynch Episodes

    1 Union Calendar No. 555 110TH CONGRESS "!REPORT 2d Session HOUSE OF REPRESENTATIVES 110–858 MISLEADING INFORMATION FROM THE BATTLEFIELD: THE TILLMAN AND LYNCH EPISODES FIRST REPORT BY THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM TOGETHER WITH ADDITIONAL VIEWS Available via the World Wide Web: http://www.gpoaccess.gov/congress/ index.html http://www.house.gov/reform SEPTEMBER 16, 2008.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 69–006 PDF WASHINGTON : 2008 VerDate 11-MAY-2000 10:08 Sep 17, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 C:\DOCS\69006.TXT KATIE PsN: KATIE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HENRY A. WAXMAN, California, Chairman EDOLPHUS TOWNS, New York TOM DAVIS, Virginia PAUL E. KANJORSKI, Pennsylvania DAN BURTON, Indiana CAROLYN B. MALONEY, New York CHRISTOPHER SHAYS, Connecticut ELIJAH E. CUMMINGS, Maryland JOHN M. MCHUGH, New York DENNIS J. KUCINICH, Ohio JOHN L. MICA, Florida DANNY K. DAVIS, Illinois MARK E. SOUDER, Indiana JOHN F. TIERNEY, Massachusetts TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri CHRIS CANNON, Utah DIANE E. WATSON, California JOHN J. DUNCAN, JR., Tennessee STEPHEN F. LYNCH, Massachusetts MICHAEL R. TURNER, Ohio BRIAN HIGGINS, New York DARRELL E. ISSA, California JOHN A. YARMUTH, Kentucky KENNY MARCHANT, Texas BRUCE L. BRALEY, Iowa LYNN A. WESTMORELAND, Georgia ELEANOR HOLMES NORTON, District of PATRICK T. MCHENRY, North Carolina Columbia VIRGINIA FOXX, North Carolina BETTY MCCOLLUM, Minnesota BRIAN P. BILBRAY, California JIM COOPER, Tennessee BILL SALI, Idaho CHRIS VAN HOLLEN, Maryland JIM JORDAN, Ohio PAUL W.
  • Congressional Overspeech

    Congressional Overspeech

    ARTICLES CONGRESSIONAL OVERSPEECH Josh Chafetz* Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly is not those things. Observers and participants across the ideological and partisan spectrums use those descriptions as pejorative attempts to delegitimize oversight conducted by their political opponents or as cautions to their own allies of what is to be avoided. Real oversight, on this consensus view, is about fact-finding, not about performing for an audience. As a result, when oversight is done right, it is both civil and consensus-building. While plenty of oversight activity does indeed involve bipartisan attempts to collect information and use that information to craft policy, this Article seeks to excavate and theorize a different way of using oversight tools, a way that focuses primarily on their use as a mechanism of public communication. I refer to such uses as congressional overspeech. After briefly describing the authority, tools and methods, and consensus understanding of oversight in Part I, this Article turns to an analysis of overspeech in Part II. The three central features of overspeech are its communicativity, its performativity, and its divisiveness, and each of these is analyzed in some detail. Finally, Part III offers two detailed case studies of overspeech: the Senate Munitions Inquiry of the mid-1930s and the McCarthy and Army-McCarthy Hearings of the early 1950s. These case studies not only demonstrate the dynamics of overspeech in action but also illustrate that overspeech is both continuous across and adaptive to different media environments. Moreover, the case studies illustrate that overspeech can be used in the service of normatively good, normatively bad, and * Professor of Law, Georgetown University Law Center.
  • 1 Jake Halpern's CV Jakehalpern@Aya.Yale.Edu

    1 Jake Halpern's CV [email protected]

    Jake Halpern’s CV [email protected] Teaching Young Adult Writing – I taught this class in the fall of 2018 via the Yale English Department. Refugee Narratives – I team taught this class with Zareena Grewal through the American Studies department. Magazine Journalism – I have taught this class three times at Yale through the College Seminar Program. Radio Journalism – I have taught this class once at Yale through the College Seminar Program. Print Journalism – I was a visiting Fulbright Scholar at the University of Kerala in India, where I taught a class on journalism. Awards Pulitzer Prize (2018) – I won the 2018 Pulitzer Prize for my non-fiction comic, “Welcome to the New World,” which ran in the New York Times as a 20-part series. Fulbright Scholar (2011) – I was awarded a Fulbright to teach in India. Nonfiction Books - Bad Paper: Chasing Debt from Wall Street to the Underworld (FSG, 2014). Note: This book will be published in October of 2014; but in August, it was excerpted as the cover story for The New York Times Magazine and was a lead segment for NPR’s This American Life. - Fame Junkies: The Hidden Truths Behind America’s Favorite Addiction (Houghton Mifflin, 2007). - Braving Home: Dispatches from the Underwater Town, the Lava-Side Inn & Other Extreme Locales (Houghton Mifflin, 2007). [Note: This was a Library Journal “Book of the Year.”] Novels - Dormia (Houghton Mifflin, 2009) - World’s End (Houghton Mifflin, 2011) 1 - The Shadow Tree (WME, 2013) - Nightfall (Penguin/Putnam, 2015) - Edgeland (Penguin/Putnam, 2017) Magazine & Newspaper Articles (organized by journal title) The New Yorker: “The Cop: Darren Wilson was not indicted for shooting Michael Brown.