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how is that different from a newspaper publishing classified
Posted on: December 31, 2017 at 11:21:40 CT
blake1771 MU
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info given to them by a 3rd party?
Take two key U.S. Supreme Court cases, decided 30 years apart, that are often cited by advocates for press freedom. In 1971, the Supreme Court ruled that the Nixon administration could not prevent The New York Times and The Washington Post from publishing a classified history of the Vietnam War which came to be known as the Pentagon Papers.
In that case Daniel Ellsberg, a former military analyst who helped develop the history, leaked it to reporters for the newspapers — that is, secret papers were stolen from the government to be made public.
The court found that the news media should not be prevented from publishing the stolen Vietnam history despite protests from government lawyers it could cause the nation great harm.
As Justice Hugo Black wrote in one of several concurring opinions: "The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic."
In 2001, the Supreme Court ruled in a civil case called Bartnicki v. Vopper, involving an intercepted cell phone conversation about union negotiations. A local radio host who later obtained a recording of the conversation played it on the air as part of the coverage of public debate over the controversial labor deal that was struck.
The justices held that the recording of the phone call probably broke the law. But the court dismissed the civil claim against the radio host, as he had not commissioned or known of the recording in advance. The ruling cited the "national commitment to the principle that debate on public issues should be uninhibited, robust and wide open."
Justice John Paul Stevens wrote in the majority opinion: "Privacy of communication is an important interest. However, in this suit, privacy concerns give way when balanced against the interest in publishing matters of public importance."
Take two key U.S. Supreme Court cases, decided 30 years apart, that are often cited by advocates for press freedom. In 1971, the Supreme Court ruled that the Nixon administration could not prevent The New York Times and The Washington Post from publishing a classified history of the Vietnam War which came to be known as the Pentagon Papers.
In that case Daniel Ellsberg, a former military analyst who helped develop the history, leaked it to reporters for the newspapers — that is, secret papers were stolen from the government to be made public.
The court found that the news media should not be prevented from publishing the stolen Vietnam history despite protests from government lawyers it could cause the nation great harm.
As Justice Hugo Black wrote in one of several concurring opinions: "The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic."
In 2001, the Supreme Court ruled in a civil case called Bartnicki v. Vopper, involving an intercepted cell phone conversation about union negotiations. A local radio host who later obtained a recording of the conversation played it on the air as part of the coverage of public debate over the controversial labor deal that was struck.
The justices held that the recording of the phone call probably broke the law. But the court dismissed the civil claim against the radio host, as he had not commissioned or known of the recording in advance. The ruling cited the "national commitment to the principle that debate on public issues should be uninhibited, robust and wide open."
Justice John Paul Stevens wrote in the majority opinion: "Privacy of communication is an important interest. However, in this suit, privacy concerns give way when balanced against the interest in publishing matters of public importance."
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how is that different from a newspaper publishing classified - blake1771 KC - 12/31 11:21:40