National Security, Leaks and Freedom of the Press - The Pentagon Papers Fifty Years on

National Security, Leaks and Freedom of the Press draws on the expertise of an extraordinary group of national security officials, journalists and academics to explore the issue first posed half-a-century ago in the Pentagon Papers decision: To what extent does the First Amendment give government employees, journalists and other entities a First Amendment right to disclose, to obtain or to publish classified information relating to the national security of the United States? The authors in this volume offer deeply informed, thoughtful, and often surprising proposals for how to cope with these challenges in a twenty-first century democracy.

List of contents

• Opening Statement


• Lee C. Bollinger and Geoffrey R. Stone


• The Pentagon Papers Framework: Fifty Years Later


• Allison Aviki, Jonathan Cedarbaum, Rebecca Lee, Jessica Lutkenhaus, Seth Waxman, and Paul Wolfson


• Part One: The National Security Perspective


• 1. Fighting for Balance


• Avril Haines


• 2. Crafting a New Compact in the Public Interest: Protecting the National Security in an Era of Leaks


• Keith B. Alexander and Jamil N. Jaffer


• 3. Leaks of Classified Information: Lessons Learned from a Lifetime on the Inside


• Michael Morell


• 4. Reform and Renewal: Lessons from Snowden and the 215 Program


• Lisa Monaco


• 5. Government Needs to Get Its Own House in Order


• Richard A. Clarke


• Part Two: The Journalist Perspective


• 6. Behind the Scenes with the Snowden Files: "How The Washington Post and National Security Officials Dealt with


• Conflicts over Government Secrecy" Behind


• Ellen Nakashima


• 7. Let's Be Practical: A Narrow Post-Publication Leak Law Would Better Protect the Press


• Stephen J. Adler and Bruce D. Brown


• 8. What We Owe Whistleblowers


• Jameel Jaffer


• 9. The Long, (Futile?) Fight for a Federal Shield Law


• Judith Miller


• 10. Covering the Cyberwars: The Press vs the Government in a New Age of Global Conflict


• David Sanger


• Part Three: The Academic Perspective


• 11. Outlawing Leaks


• David A. Strauss


• 12. The Growth of Press Freedoms in the United States Since 9/11


• Jack Goldsmith


• 13 Edward Snowden, Donald Trump, and the Paradox of National Security Whistleblowing


• Allison Stanger


• 14. Information is Power: Exploring a Constitutional Right of Access


• Mary-Rose Papandrea


• 15. Who Said What to Whom


• Cass R. Sunstein


• 16. Leaks in the Age of Trump


• Louis Michael Seidman


• The Report of the Commission


• Lee C. Bollinger


• John O. Brennan


• Kathleen Carroll


• Stephen W. Coll


• Eric Holder


• Ann Marie Lipinski


• Geoffrey R. Stone


• Closing Statement


• Lee C. Bollinger and Geoffrey R. Stone

About the author

Lee C. Bollinger is Columbia University's 19th president and the first Seth Low Professor of the University. His recent books include Regardless of Frontiers: Global Freedom of Expression in a Troubled World (2021) and The Free Speech Century (2018). Bollinger co-founded Columbia's Knight First Amendment Institute, devoted to defending speech and press freedoms in the digital age, and established Columbia Global Freedom of Expression, which advances understanding of international normsprotecting free expression. Previously, as president of the University of Michigan, he led the school's litigation in the historic Grutter v. Bollinger and Gratz v. Bollinger Supreme Court cases, which reasserted that diversity is a compelling justification for affirmative action in higher education. Bollinger is a fellow of the American Academy of Arts and Sciences and the American Philosophical Society.

Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone is the author or co-author of many books on constitutional law. Among them are Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (2020), The Free Speech Century (2018); Sex and the Constitution (2017); Top Secret: When Government Keeps Us In the Dark (2007); and Perilous Times: Free Speech in Wartime (2004). In 2013, President Obama appointed Mr. Stone to serve on a five-member Review Group on National Security Intelligence in the wake of Edward Snowden's leaks about the NSA. The result was The NSA Report, which included 46 recommendations for improving the nation's foreign intelligence programs, many of which have been adopted and put into place. Thereafter, Mr. Stone served as a Senior Advisor to the Director of National Intelligence.

Summary

Written by a group of the nation's leading constitutional scholars, a deeply informed, thoughtful, and often surprising examination of who has First Amendment rights to disclose, to obtain, or to publish classified information relating to the national security of the United States.

One of the most vexing and perennial questions facing any democracy is how to balance the government's legitimate need to conduct its operations-especially those related to protecting the national security-in secret, with the public's right and responsibility to know what its government is doing. There is no easy answer to this issue, and different nations embrace different solutions. In the United States, at the constitutional level, the answer begins exactly half a century ago with the Supreme Court's landmark 1971 decision in the Pentagon Papers case. The final decision, though, left many important questions unresolved. Moreover, the issue of leaks and secrecy has cropped up repeatedly since, most recently in the Edward Snowden and Chelsea Manning cases. In National Security, Leaks and Freedom of the Press , two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars-including John Brennan, Eric Holder, Cass R. Sunstein, and Michael Morell, among many others-to delve into important dimensions of the current system, to explain how we should think about them, and to offer as many solutions as possible.

Product details

• Authors: Geoffrey (Professor of Law Stone
• Assisted by: Lee Bollinger (Editor), Geoffrey Stone (Editor), Stone Geoffrey (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Paperback / Softback
• Released: 03.08.2021
• EAN: 9780197519394
• ISBN: 978-0-19-751939-4
• No. of pages: 384
• Subjects: Social sciences, law, business > Law > International law, foreign law; USA, LAW / Constitutional, United States of America, USA, Criminal law: terrorism law, Terrorism law, Constitutional & administrative law, Constitutional and administrative law: general