Let’s Be Practical

2021 ◽  
pp. 123-139
Author(s):  
Stephen J. Adler ◽  
Bruce D. Brown
Keyword(s):  
National Security ◽  
First Amendment ◽  
Current Situation ◽  
The Press ◽  
Espionage Act ◽  
The Law ◽  
The Government

The proliferation of leak cases over the last decade suggests that a case against the press for publishing government secrets may be on the horizon. Before 2009, an unwritten understanding between the government and the press of governmental forbearance and press responsibility provided more effective press protection than the First Amendment. While continued reliance on this understanding would be preferable to a changed law, the scales have tipped toward the suppression of speech in national security reporting, which has shaken that understanding. The current situation is so bad that it is now time to consider reforming the Espionage Act. Reformed legislation should provide a floor that permits First Amendment defenses, the law should act as a backstop if those arguments fail, and it should be as limited and precise as possible so that it does not inadvertently create a dangerous new power to prosecute the press.

scholarly journals Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Social Responsibility ◽  
Political Party ◽  
Code Of Conduct ◽  
High Position ◽  
Secondary Sources ◽  
Library Research ◽  
The Press ◽  
Freedom Of Press ◽  
The Law ◽  
The Government

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 

Information Is Power

2021 ◽  
pp. 230-245
Author(s):  
Mary-Rose Papandrea
Keyword(s):  
National Security ◽  
First Amendment ◽  
Third Parties ◽  
Government Information ◽  
The Public ◽  
The Press ◽  
Security Information ◽  
Constitutional Right ◽  
Government Secrecy ◽  
Right Of Access

Balancing the equally important but sometimes conflicting priorities of government transparency for public accountability versus government secrecy for national security seems intractable. One possibility is to recognize a constitutional right of access to government information. This would support democratic self-governance, allow the public to engage in meaningful oversight, and provide access to necessary information without the game of leaks. It could radically refocus arguments regarding the rights of government employees to reveal national security information and of third parties to publish it. Recognizing this right faces an uphill battle against decades of First Amendment jurisprudence. It also faces innumerable logistical and practical obstacles. It would not eliminate the need to determine when the public, the press, and government insiders can disclose national security information. Nevertheless, the ongoing collapse of press access norms and government’s increasing desire to operate outside public view may warrant dramatically rethinking First Amendment scope and protections.

The attempted impeachment of Sir William Scroggs, Lord Chief Justice of the court of King's Bench, November 1680–March 1681

1995 ◽  
Vol 38 (4) ◽  
pp. 843-873 ◽  
Author(s):  
Lois G. Schwoerer
Keyword(s):  
Print Culture ◽  
Whig Party ◽  
Legislative Authority ◽  
Chief Justice ◽  
Chief Minister ◽  
The Press ◽  
History Of ◽  
The Law ◽  
The Government ◽  
History Of The Press

ABSTRACTGenerally dismissed by historians as just an hysterical gesture by parliamentary whig leaders disappointed and angered over the failure of the second Exclusion Bill, the attempted impeachment in 1680–1 of Sir William Scroggs was in fact a complicated and important affair. Although a failure in legal terms (because King Charles dissolved two parliaments), it succeeded in political terms when the king dismissed Scroggs. A propaganda ploy to embarrass the duke of York and also the king of England, re-unite the whig party, and re-ignite anti-popery fervour to promote another try at Exclusion (contrary to recent revisionism), the proceedings provoked discussion of many central issues, but most importantly of the legislative authority of parliament, or control of the law; the affair provoked a ‘crisis of authority’. Print culture played an unprecedented role: four of the eight articles of impeachment against Scroggs were connected with the press. Press people, in effect, brought down a chief minister of the crown and severely embarrassed the government, an event of signal importance in the history of the press.

scholarly journals The Indonesian Electronic Information and Transactions Within Indonesia’s Broader Legal Regime: Urgency for Amendment?

Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 533
Author(s):  
Tasya Safiranita ◽  
Travis Tio Pratama Waluyo ◽  
Elizabeth Calista ◽  
Danielle Putri Ratu ◽  
Ahmad M. Ramli
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Information Policy ◽  
Comparative Approach ◽  
Legal Regime ◽  
Electronic Information ◽  
Interdependent Network ◽  
The Press ◽  
The Law ◽  
The Government

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
Legal Rules ◽  
Legal Method ◽  
The Press ◽  
Freedom Of Press ◽  
The Law

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

Secrets and Leaks

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Relevant Information ◽  
Executive Power ◽  
The Public ◽  
The Press ◽  
The Law ◽  
Complex Relationships ◽  
Unauthorized Disclosure ◽  
Fear Of Retaliation

This book examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, this book argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously—that is, to “leak” information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, the book claims, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.

THE BRITISH UNION OF FASCISTS AND THE OLYMPIA DEBATE

1998 ◽  
Vol 41 (2) ◽  
pp. 529-542 ◽  
Author(s):  
MARTIN PUGH
Keyword(s):  
Free Speech ◽  
National Government ◽  
House Of Commons ◽  
The Press ◽  
The Law ◽  
The Government

The object of this article is to reassess received views about the significance of the 1934 rally at Olympia for the fortunes of the British Union of Fascists. It begins by analysing the debate in the House of Commons which is traditionally seen as reflecting a reaction against BUF methods, and shows the extent to which it actually revealed sympathy amongst National Government members. Then follows a discussion of reactions in the press. The article suggests that far from being purely negative, the effect of Olympia in some parts of the press was to attract more attention, and not necessarily of a hostile nature. Finally it examines the reasons for hesitation on the part of the government in using the law and the police to curtail BUF methods in the aftermath of Olympia. It shows how far Mosley continued to conduct large indoor meetings, partly because he was able to make use of the existing law. The article concludes that the British defence of free speech after 1934 was less firm than is usually supposed and that resistance to fascism by the authorities was of marginal significance.

The Pentagon Papers Framework, Fifty Years Later

2021 ◽  
pp. 1-22
Author(s):  
Allison Aviki ◽  
Jonathan Cedarbaum ◽  
Rebecca Lee ◽  
Jessica Lutkenhaus ◽  
Seth P. Waxman ◽  
...  
Keyword(s):  
New York ◽  
National Security ◽  
Freedom Of Expression ◽  
New York Times ◽  
National Defense ◽  
The Press ◽  
The Supreme Court ◽  
The Government ◽  
The One

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.”...

Crafting a New Compact in the Public Interest

2021 ◽  
pp. 39-56
Author(s):  
Keith B. Alexander ◽  
Jamil N. Jaffer
Keyword(s):  
Civil Rights ◽  
National Security ◽  
Public Interest ◽  
Media Environment ◽  
The Public ◽  
Fair Treatment ◽  
The Press ◽  
The Media ◽  
The Government ◽  
The Relationship

Leaks of highly classified information, popular views of government national security efforts, and changes in the media environment in recent years have resulted in a significant decay in the relationship between the government and the media and public trust in both institutions. To correct this harmful trend, a significant recalibration of the government-media relationship and the establishment of a new compact between them would best serve the public interest. The government should be more transparent about its national security efforts and more self-critical in classification decisions and should explain national security activities it undertakes, defending and justifying classified programs in detail whenever possible. The press must likewise be willing to afford the government fair treatment, including noting government efforts to protect national security, and to appropriately balance civil rights and privacy. It is important that these institutions work together to establish new mores on classification, government transparency, and a more responsible approach to classified disclosures.

Outlawing Leaks

2021 ◽  
pp. 189-199
Author(s):  
David A. Strauss
Keyword(s):  
National Security ◽  
Sensitive Information ◽  
Recent Developments ◽  
Security Information ◽  
The Law ◽  
The Government

Disclosures of sensitive national security information can be damaging to the nation, but they can also be indispensable to democracy—sometimes both at once. The Pentagon Papers case established an equilibrium, in which the government could prevent leaks but could not prevent the publication of leaked information. Recent developments have undermined that equilibrium, so new measures are needed to protect the vitally important interests on both sides. This essay explores drafting a new statute that determines when leaking or publishing leaked information should be a crime. What information should be protected? How much does intent matter? How should the law distinguish between individuals to whom the government has entrusted sensitive information and individuals or entities with no connection to the government but that have come into possession of information, without authorization, which they then publicize? The essay proposes reform options reform and identifies strengths and problems with various approaches.

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