The Long (Futile?) Fight for a Federal Shield Law

Author(s):  
Judith Miller

The Pentagon Papers case leaves open the question of whether journalists can be compelled to disclose the identities of those who reveal classified information to them. This essay considers some of the most enduring arguments for and against a federal shield law. Those who argue against such a law note definitional problems and contend that we must punish leaks given their impact on national security. They argue that institutionalizing the press actually harms the press and that the shield law is unnecessary given current use of technology to identify sources of leaks. Those in favor counter that definitional questions should not be a problem because almost all states have been able to resolve the questions in their laws. Moreover, most leaks do not compromise national security; government secrecy, deceit, and incompetence cause more damage to national security than the press’s reporting of secret information; and without a federal shield law, sources will not provide important information about government misconduct.

Author(s):  
Mary-Rose Papandrea

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.


2020 ◽  
Vol 7 (2) ◽  
pp. 419-451
Author(s):  
Jenna Johnson

The Constitution expressly provides protection for the freedom of the press. Yet there is one area in which the press is not so free: the freedom to refuse disclosing confidential sources when subpoenaed by the federal government. Currently, there is no federal reporter’s privilege. The Supreme Court has held the First Amendment provides no such protection, and repeated congressional attempts to codify a reporter’s privilege in a federal shield law have failed. Arguments against a shield law include national security concerns and the struggle to precisely define “journalist.” Such concerns were evident in the most recently proposed shield law, the Free Flow of Information Act of 2017. This Comment advocates in favor of passing a federal shield law. Specifically, this Comment analyzes the Free Flow of Information Act of 2017 against the backdrop of a post-9/11 America where “fake news” runs rampant. Though far from perfect, the proposed law was a step toward balancing national security concerns with press freedom. Legislators can and should strike an effective balance between these two tensions by accurately defining terms like “national security” and “properly classified” to prevent government overreach. Finally, this Comment argues that a federal shield law is necessary to combat the recent national security concerns raised by “fake news” and thereby reaffirm media credibility.


2021 ◽  
Vol 6 (3) ◽  
pp. 304-321
Author(s):  
Natalia V. Kornienko ◽  
Ruslan E. Klementiev

The article examines one of the episodes of the literary struggle of the late 1920s — early 1930s — the history of the entry of the Literary Center of Constructivists (LCC) into the Russian Association of Proletarian Writers (RAPP). At the beginning of 1930, almost all literary groups and associations faced the need to define a new level of interaction with RAPP. LCC, as one of the literary groups closest to RAPP, seemed to have all the prerequisites for a successful association with the RAPP. But in reality, this did not happen. Members of RAPP are suspicious of constructivists; attacks at LCC are becoming more frequent in the press. Always considered a left-wing association, LLC is declared a petty-bourgeois group, with which, despite its disbandment, an irreconcilable struggle is required. This article bears upon not only the periodicals of 1930 but also and mainly upon the hitherto unstudied transcripts and other archival documents of RAPP. New archival materials reveal internal processes of the literary struggle at the turn of the decade, and make it possible to demonstrate how, even after the acceptance of the Constructivists by RAPP, the former continue to be perceived as a hostile group whose past was to always blame them.


2020 ◽  
Vol 1 (1) ◽  
pp. 65-83
Author(s):  
Božidar Forca ◽  
Dragoljub Sekulović ◽  
Igor Vukonjanski

Security is one of the most common terms in the modern world. This statement is supported by the fact that the term security is used in a wide range of areas. The subject of this paper is national security and the challenges, risks and threats to that security in contemporary international relations. The purpose of the work is twofold. First, to show the diversity of theoretical understanding of the term challenge, risk and threat by various authors. On the other hand, the overriding goal is to analyze the relationship to the challenges, risks and threats in different countries. When it comes to national security, challenges, risks and threats, most often, are identified in a document called the national security strategy. This document, as one of the highest in the hierarchy of political acts of every state, when it comes to security, is passed by almost all modern states of the world. The analysis of numerous national security strategies has revealed that it is possible to identify: 1) the challenges, risks and threats that appear in all strategies, 2) the challenges, risks and threats of security that appear in most strategies, and 3) the challenges, risks and threats of security which are country specific.


2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Nellis Mardhiah

Theoretically, the media and politics can not be separated. Media and politics are like two sides of the same coin in which each one requires another. This is what happened in Aceh. Media and political links are highly visible in the practice of the press in Aceh. The presence of the media in Aceh seems very much to serve the political ambition through the news. The practice of the press industry looks like it is thick with the nuances of interest, which is interestingly studied with the approach of political economy. Political economy theorists see that there are certain groups that control economic institutions that then affect other social institutions, including the media and the press. In other words, the mastery of economic institutions will lead to the mastery of almost all aspects of life, ranging from small things such as how to eat to big things like communication devices. The mastery is meant to perpetuate their economic power. In the context of Aceh specially post-enactment of the Law on Aceh Goverment. The presence of local media is not only a part of the vortex of information, but also present as part of local political democratization. This is the challenge of the media or the local press itself. Does the media capable of maintaining its independence in managing information? or actually engaging in political practices in favor of certain political groups? Keywords: Local Media, Political Economic Media, Elite Politic, Aceh.


Author(s):  
Shefali Virkar

The Information Revolution has greatly impacted how nation-states and societies relate to one another; particularly wherein new, or hitherto less powerful, actors have emerged to bypass and influence established channels of power, altering the manner in which nation-states define their interests, power bases, security, and increasingly, their innate ability to govern and control flows of information. This book chapter investigates the ‘winner-takes-all' hypothesis relative to how the Internet, its associated platforms, and technologies have been harnessed to enhance the activities of both transnational terrorist networks and the organisations, clusters, and individuals dedicated to researching and combating them. The issues covered by this research raise important questions about the nature and the use of technology by state and non-state actors in an asymmetric ‘information war'; of how ideas of terrorism, surveillance, and censorship are conceptualised, and manner in which the role of the nation-state in countering and pre-empting threats to national security has been redefined.


2019 ◽  
pp. 1-12
Author(s):  
David P. Hadley

The introduction examines the overall questions animating the core work. Using Director of Central Intelligence William E. Colby’s explanation of how opinion shaped CIA activity, it explores how the CIA both was influenced by the press and sought to influence the press to shape the environment in which it operated. The introduction also explores the previous understandings of how the press and the CIA interacted and disputes a persistent theory originated by Deborah Davis that there existed a program called Mockingbird designed by the CIA to manipulate the press. It argues also that, in addition to Cold War–related activities, the CIA was interested in the press as a way to promote its reputation and establish its security within the national security bureaucracy.


1981 ◽  
Vol 26 (3) ◽  
pp. 325-376
Author(s):  
Samuel H. Baron
Keyword(s):  

Despite the fact that the views of Georgii Valentinovich Plekhanov (1856–1918) on the World War cannot be studied in his voluminous collected works – the editor abruptly terminated the edition with an article Plekhanov published on the eve of the war's outbreak – his position is broadly familiar to students of Russian and international socialism. Thanks to his substantial published writings from September 1914 to March 1917 scattered through the press of at least five countries, a two volume collection of his articles and speeches for the remainder of 1917, and several brief secondary accounts, it is possible to trace Plekhanov's wartime outlook. By contrast, little is known of his political initiatives, associations and conflicts during the war years. A considerable share of his correspondence and other personal papers – the kind of material likely to illuminate these aspects – has been printed by the Dom Plekhanova, the Leningrad repository that holds almost all of them.


Subject US national security policy and personnel. Significance On September 11, President Donald Trump instructed his national security team to prepare for a second in-person summit with North Korea’s supreme leader Kim Jong-un, likely inspired by Kim’s recent letter requesting this. Trump’s directive appeared to have blindsided Secretary of State Mike Pompeo, who has been managing denuclearisation talks with Pyongyang since the first Kim-Trump summit in June, and disregarded the view of almost all of his new national security team (its second iteration since his inauguration) that Pyongyang has no real intention of denuclearising soon. Impacts If Democrats make gains in November, they are likely to seek to curtail defence expenditure, including current projects. As elections near, Trump's decision-making may place more store in his political instincts than US intelligence agencies’ estimates. The new security team is unlikely to bring greater amity to US-China ties, partly given internal policy disagreements.


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