Impact
“But for the vast majority of ‘secrets,’ there has developed between the Government and the press (and Congress) a rather simple rule of thumb: The Government hides what it can, pleading necessity as long as it can, and the press pries out what it can, pleading a need and right to know. Each side in this ‘game’ regularly ‘wins’ and ‘loses’ a round or two. Each fights with the weapons at its command. When the Government loses a secret or two, it simply adjusts to a new reality. When the press loses a quest or two, it simply reports (or misreports) as best it can.” Max Frankel, Chief Washington Correspondent, affidavit in Pentagon Papers case
The impact of the Pentagon Papers is still with us today. Soon after, the government took Justice White's suggestion and was exploring ways to pursue journalists who disclose classified information.
"The Weapons at Their Command"
The PressProfessional Advocacy“The Committee is the leading defender of the right to gather and publish information without government interference. Since 1970, we’ve offered free legal assistance to help journalists fight efforts by officials who want to keep information from the public by either withholding documents or threatening reporters with jail.” John C. Henry, Reporters Committee for Freedom of the Press. Legislative Efforts“Almost all states have a shield law that spells out when reporters are protected in their source relationship and don't have to testify. There is no federal shield law. This applies notably in the area of national security; national security is not covered by shield laws.” Nicholas Lemann, Professor of Journalism (former Dean), Columbia School of Journalism Civil Disobedience"I've been an investigative reporter for a long time, and almost always, the government says that ['you can't publish that because of the national security risk'] when you write a story. And then they can never back it up. They say that about everything. And it's like the boy who cried wolf. It's getting old. First of all, I will always protect my sources, and I will go to jail if I have to. But the efforts of the Obama administration to restrict the power of a free press could mean that it will be much harder for Americans to know what their government is doing. And greater government secrecy inevitably means greater government corruption.” James Risen, National Security Reporter, The New York Times |
The Executive BranchGovernment Classification“Do the people in Justice understand that there are no rules about classification? Do you know what it takes to classify something ‘Top Secret’? You go down to the store and buy a stamp that says ‘Top Secret’.” (former) Senator Daniel Patrick Moynihan Prosecuting Leakers“We were hoping to get somebody and make people realize that there are consequences to this and it needed to stop.” Dennis C. Blair, former United States Director of National Intelligence Executive Branch Programs“This Presidential Memorandum transmits the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs (Minimum Standards) to provide direction and guidance to promote the development of effective insider threat programs within departments and agencies to deter, detect, and mitigate actions by employees who may represent a threat to national security.” President Barack Obama, Presidential Memorandum National Insider Threat Policy, November 21, 2012 |