In the summer of 1992, as I diligently inched my way through then-Dean Dwight Teeter’s 400-level Communications Law course at UT’s College of Communication & Information, I well remember my final paper on the topic of the government’s authority to withhold information for purposes of national security.
The 1970s Pentagon Papers case as well as governmental protection of information in the first Gulf War constituted much of my paper’s content, and I had to take a stance on the issue and support my position. Some years have ticked by since then . . . yet my opinion on the matter still holds as firm as the day I wrote that paper (and, incidentally, earned an “A” in the class).
I’m all about the First Amendment and will always advocate for the media’s and the public’s right to seek access to information.
Seek. That doesn’t necessarily mean get.
When the spam really hits the fan in the context of the global war on terror, as well as any individual’s or entity’s sick nonchalance about blowing up my family or my neighbor’s family on an aircraft, at a Christmas tree lighting event, on the National Mall or wherever else, then in my world, government authority trumps the press’s or the public’s right to information if it means the intent of preventing that outcome.
And of course, the same holds doubly true in protecting U.S. military and government service members who purposely risk their lives daily to protect Americans as well as other innocent civilian lives worldwide.
Yes – the press serves an absolutely critical watchdog function when it comes to our government. Thankfully, our Constitution provides arguably the most rigorous safeguards for that function of any nation in the world.
In addition to that great document, where the interests of national security overseen by the government have clashed with the public’s right to information that legitimately should be in the public domain, there has been built a framework of legal precedent that continues to serve our nation’s interests on both sides of that spectrum, even as it evolves with the world in which we now find ourselves. The key element here in those clashes is that there exists – at least in this country – a legal system to balance the interests within the greatest means possible.
Enter WikiLeaks, and you can chuck the whole idea of legality out the window. A foreign-hosted website, neither it nor its Australian founder is under the U.S. government’s jurisdiction, so in the face of the site’s most recent unleashing of classified U.S. government / military / diplomatic data, there are a variety of roadblocks posed to the U.S.’s ability to do anything about it beyond prosecuting U.S.-citizen leak sources and trying to shore up internal security.
I will be interested to hear the Society of Professional Journalists’ take on this latest incident, if they provide one. A few years ago, SPJ filed an amicus brief in a district court defending WikiLeaks in a completely separate, unrelated whistleblower case involving a Cayman Islands-based bank.
Here’s a question for SPJ and media outlets worldwide: where does the line exist between “whistleblower” and intentionally aiding and abetting some of the greatest forces of evil on the globe? And what does it take, exactly, for them to acknowledge that such a line exists?
Thus far, in light of recent developments, it appears SPJ has remained silent. From a PR standpoint, that may be smart. After all, assuming SPJ leans toward the stance it’s most accustomed to taking, who really wants to defend an entity that is as sanctimonious about upholding “government transparency” via criminally – treasonously – obtained data as it is blasé and arrogantly dismissive about the very notion of human lives being jeopardized?
But in a way, the SPJ’s silence is deafening. When it comes to matters of the highest gravity concerning freedom, there is a time for the nation and for the journalism profession to put on their thinking caps and separate the real wheat from the chaff – and this is it.
From a doing-the-right-thing standpoint, it is my sincere hope that SPJ will find a way – any way – to denounce what has taken place and draw the logical, moral line in the sand that so obviously has been crossed in most egregious and premeditated fashion by WikiLeaks.
Freedom of the press and of information is one of the greatest and most important freedoms we have – and no country has defined or upheld it as the people of the United States. But information can also be a loaded gun (or a loaded briefcase bomb – and I’m not being alarmist, just sadly realistic). In just whose hands are we not only willing to place it but also to advocate for it to be placed?
We have seen the enemy, and it is not us.



