TODAY

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TODAY

• Produce todays show
• Whistle Blowers
• Espionage Act of 1917 (Schenk v. US)
• The Pentagon Papers
• WikiLeaks
• HOMEWORK
• Publishable articles for web by end of next week
  at the absolute latest
• Come up with ideas with segment before end of
  semester time is running out!

TEBOW!
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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.

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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

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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

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What is WikiLeaks?
Click image to find out.
Wikileaks has been in the news over the past
couple of years, but what is it and who is behind
it?
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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 dont
  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.

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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.

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WikiLeaks made public a classified video that
showed U.S. bombs striking civilians in Iraq in
an attack that killed 12, including two Reuters
news staffers. Bradley Manning was arrested for
leaking the video.
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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

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Discussion Questions

1. 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, a 22-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
   2010) do you believe he should face criminal
   charges for his actions?
3. Is WikiLeaks founder Julian Assange pursuing a
   noble cause? Should ALL information be available
   to all people?