The Pentagon Papers Framework, Fifty Years Later

Author(s):  
Allison Aviki ◽  
Jonathan Cedarbaum ◽  
Rebecca Lee ◽  
Jessica Lutkenhaus ◽  
Seth P. Waxman ◽  
...  

In New York Times Co. v. United States,1 the Supreme Court confronted a problem that is inherent in a democratic society that values freedom of expression and, in particular, the role of the press in challenging the truthfulness of claims by the government, especially in the realm of national security. On the one hand, as Justice Potter Stewart wrote in his concurring opinion, “it is elementary” that “the maintenance of an effective national defense require[s] both confidentiality and secrecy.”...

2001 ◽  
Vol 1 ◽  
pp. 241-242 ◽  
Author(s):  
Sandra Brown ◽  
R. Neil Sampson ◽  
Bernhard Schlamadinger ◽  
John Kinsman

A recent article in Nature, “Soil Fertility Limits Carbon Sequestration by Forest Ecosystems in a CO2-Enriched Atmosphere” by Oren and colleagues[1], has been widely reported on, and often misinterpreted, by the press. The article dampens enthusiasm for accelerated forest growth due to CO2 fertilization and puts in question the fringe theory that the world’s forests can provide an automatic mitigation feedback. We agree that these results increase our understanding of the global carbon cycle. At the same time, their relevance in the context of the international climate change negotiations is much more complicated than portrayed by newspapers such as the New York Times (“Role of Trees in Curbing Greenhouse Gases is Challenged”, May 24, 2001) and the Christian Science Monitor (“Trees No Savior for Global Warming”, May 25, 2001).


2019 ◽  
pp. 42-63
Author(s):  
David P. Hadley

This chapter examines the CIA in one of its most activist periods in the 1950s, under the leadership of Allen Dulles. An advocate for covert action and a man with considerable connections to the press, Dulles oversaw successful CIA interventions in Iran (Operation TPAJAX) in 1953 and Guatemala (Operation PBSUCCESS) in 1954. Though the ultimate outcome of the interventions would prove detrimental to the countries involved and to the United States’ own national security interests, the CIA and the Eisenhower administration viewed them as unalloyed successes. The press also generally did not report that the United States had been involved—with some notable exceptions. Dulles leaked details of the operations to a friendly reporter, so the CIA could take credit for its activities without formal acknowledgment. The New York Times also acquiesced to a request to keep a reporter out of Guatemala, but internal deliberations reveal a substantial degree of caution on the part of the Times’s management where the CIA was concerned.


2019 ◽  
Vol 18 (1) ◽  
pp. 128-143
Author(s):  
Amber E. Boydstun ◽  
Regina G. Lawrence

While the rise of celebrities-turned-politicians has been well documented and theorized, how their bids for office are treated by the establishment press has been less closely examined. Research on celebrity politics on the one hand, and on journalism standards on the other, have rarely been brought into conversation with one another. Here, we draw from both literatures to explore how the press covered Donald Trump’s 2016 presidential campaign. Prior research on political journalism would likely have predicted that Trump, with his lack of conventional political experience and a career in reality TV, would have been treated to derisive, dismissive press coverage, which we refer to as “clown” coverage. But Trump’s fame and wealth, and the high entertainment value of his campaign, would also lead the media to cover him heavily. We argue that the collision of entertainment-infused politics with traditional journalism practices created a profound dilemma for the press’s ability to cover the campaign coherently, and that the press responded to this dilemma by giving Trump as much clown-like coverage as serious coverage, throughout not just the primary but also the general election. We support our argument through qualitative evidence from interviews with journalists and other political insiders, and quantitative evidence from a content analysis of New York Times and Washington Post coverage of Trump at key points throughout the campaign.


Refuge ◽  
2010 ◽  
Vol 26 (1) ◽  
pp. 172-186
Author(s):  
Graham Hudson

In this paper, the author examines the role of international law on the development of Canada’s security certificate regime. On the one hand, international law has had a perceptible impact on judicial reasoning, contributing to judges’ increased willingness to recognize the rights of non-citizens named in certificates and to envision better ways of balancing national security and human rights. On the other hand, the judiciary’s attitudes towards international law as non-binding sources of insight akin to foreign law has reinforced disparities in levels of rights afforded by the Canadian Charter of Rights and Freedoms and those afforded by international human rights. Viewed skeptically, one might argue that the judiciary’s selective result-oriented use of international law and foreign law helped it spread a veneer of legality over an otherwise unaltered and discriminatory certificate regime. Reviewing Charkaoui I and II in international context, the author suggests an alternative account. He suggests that the judiciary’s use of international law and foreign law, although highly ambiguous and ambivalent, both was principled and has progressively brought named persons’ Charter rights more closely in step with their international human rights. Although the current balance between national security and human rights is imperfect, the way in which aspects of Canada’s certificate regime have been improved suggests that international law is a valuable resource for protecting the rights of non-citizens in Canada.


2015 ◽  
Vol 21 (1) ◽  
pp. 177 ◽  
Author(s):  
Rukhsana Aslam

This article examines how the fundamental right of freedom of expression for news media in Pakistan continues to be threatened both by the government and conflicting parties, an issue that is compounded by the threat to the journalists’ safety and survival. Giving examples of three Pakistani journalists who lost their lives after their investigations during the America’s so called ‘War on Terror’, the article gives an account of the nature of the dangers and threats that are faced by the journalists in Pakistan who report on armed political conflicts. Drawing on the experiences of five other journalists, who were interviewed during research visits to Pakistan in 2012 and 2014, the author also reflects on the role of journalists in the light of the social responsibility theory and explores some of the factors that contribute towards making conflict reporting a dangerous business in Pakistan.Pictured: Figure 1: The Press in Stress report in 2012. Shown in the cover image is a curbside radio-seller in Quetta. FM radio is hugely popular in Balochistan. Image: Aurangzazib Khan


2019 ◽  
Vol 9 (3) ◽  
pp. 25-42
Author(s):  
Tatiana Slinko ◽  
Olena Uvarova

AbstractFreedom of expression is one of the prerequisites for the formation and existence of a democratic society; it belongs among the universal values of paramount importance, because it allows not only to freely express own views, but also reveal the potential of the individual. In addition, it is considered (and it is justified) as one of the main and unconditional achievements of the political reform that is being carried out in Ukraine. The guarantee of freedom of expression, which has the highest political normative content, is, on the one hand, the most important asset of an organic constitution, and on the other hand, serves as the main function of the constitution as a legal source that reflects and responds to the interests of civil society.However, the real challenge for the unsustainable constitutional tradition that still retains some signs of the post-Soviet model of regulation is the need to balance freedom of expression under the conditions of threats to national security. What should be the proper mechanism for guaranteeing freedom of expression at the constitutional level? How strong is the danger that the state violates the requirement of constitutionality in the case of restrictions on freedom of expression for the sake of national security? How does the post-Soviet tradition of legal regulation manifest itself in deciding which model of guaranteeing freedom of expression is chosen by the state? What is the role of the tradition of respect for personal autonomy and the value of tolerance of a society in guaranteeing freedom of expression? The article is devoted to finding answers to these questions.


1994 ◽  
Vol 71 (4) ◽  
pp. 809-819 ◽  
Author(s):  
Sandra H. Dickson

This study measures and discusses the relationship between journalists and official sources in times of crises. The author analyzes New York Times coverage of the Panama invasion and finds that although the Times provides a forum for criticism, it allows the government to define the parameters of the debate.


1992 ◽  
Vol 69 (4) ◽  
pp. 1039-1049 ◽  
Author(s):  
Edward Caudill

E. L. Godkin was the influential editor of both the Nation (1865–1899) and the New York Evening Post (1881–1899). This study concentrates on Godkin's attitude toward journalism, which was multi-dimensional; he saw journalism as having power to change for good but he also saw much pandering to popular audiences in the era of Joseph Pulitzer and William Randolph Hearst. Godkin himself wanted to make money and to change society, and he was successful in both ways. But he assailed editors and reporters for grubbing after facts and sensationalizing them. Godkin, like some others in this period between centuries, had mixed feelings about journalism, but he defended freedom of expression and the role of the press in democracy.


2007 ◽  
Vol 23 (1) ◽  
pp. 97-130 ◽  
Author(s):  
Chaim Saiman

These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religion has moved from the law reviews to the New York Times Sunday Magazine, which has published over twenty feature-length articles on these issues since President Bush took office in 2001. Today, more than anytime in the past century, the ideas of an itinerant first-century preacher from Bethlehem are relevant to American law.


2021 ◽  
Vol 6 (105) ◽  
pp. 78-86
Author(s):  
EKATERINA A. NIKONOVA

The article deals with the analysis of the balance of opinion in the newspaper, which is originally realized through editorial and op-ed genres. We analyzed 20 articles from “The Wall Street Journal” and “The New York Times” in the genres of editorial and op-ed about events in Afghanistan in August 2021, which were interpreted differently in mass media due to the role of the White House. The findings prove that in the context of new digital reality the op-ed has lost its original function of conveying alternative positions to the ones stated in the editorial; at the same time newspapers tend to advocate the positions shared by the political parties they have historically developed close relations with: “The Wall Street Journal” - with the Republican Party, “The New York Times” - the Democratic Party.


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