The Growth of Press Freedoms in the United States since 9/11

Author(s):  
Jack Goldsmith

The number, frequency, and seriousness of leaks of classified information have grown sharply in the last two decades. The government has reacted to these leaks with several initiatives to stop or deter them. Journalists and their allies, in turn, have complained that these initiatives have narrowed press freedoms and damaged the First Amendment. This essay argues that the journalists are wrong. The last two decades have witnessed an unprecedented growth in press freedoms in the national security context and greater protection for journalists in their reporting of national security secrets. The recent indictment of Julian Assange is no violation of this norm and in many ways confirms it.

Author(s):  
Timothy Zick

This chapter focuses on parades, pickets, and demonstrations, which are forms of civic engagement that communicate aspirations, ideas, and, quite often, dissenting opinions to fellow citizens, governments, and broader audiences. For many, gathering together in public, in these and similar forms, is a cathartic act of self-fulfilment and a demonstration of solidarity. Collective action in the form of public gatherings is an integral part of any system of communicative freedom. In the United States, in addition to the freedom of speech, rights to ‘peaceably assemble’ and to ‘petition the Government for a redress of grievances’ are explicitly provided for in the First Amendment to the Constitution. Ultimately, parades, pickets, and demonstrations all further basic expressive values relating to self-governance, the search for truth, and individual autonomy. Nevertheless, Americans seeking to engage in collective modes of expression face a variety of doctrinal, legal, social, and political challenges. The chapter then details how digital connectivity has facilitated expressive opportunities by connecting individuals and supporting new forms of associational activity.


Author(s):  
Sam B. Edwards III

The United States is facing challenges in applying First Amendment principles from the eighteenth century to modern communications. Speech and assembly in the eighteenth century was extremely limited when compared to speech now. This chapter examines two cases where the government has intruded upon fundamental rights contained in the First Amendment. In the first case, a government, in an effort to stop a protest, cut off all wireless mobile and Internet communications. This amounted to a digital gag and ear plugs for the protesters. In this case, the responsible government officials did not even contemplate that this might violate the fundamental rights of the protesters. In the second case, government employees were fired for using Facebook to “like” the page of a political candidate. The trial court ruled that “liking” on Facebook was not speech and therefore did not garner constitutional protection. These two cases represent warning signs that the United States, just like other countries, is struggling to adapt eighteenth century legal principles to modern communication. The digital revolution is happening in the United States and the courts will eventually have to develop a new set of rules based on the principles in the First Amendment.


Author(s):  
John W. Young ◽  
John Kent

This chapter focuses on the Iraq war of 2003–11 and the troubles in the Middle East. George W. Bush’s advisers, led by Dick Cheney and Don Rumsfeld, had been considering an attack on Iraq well before 9/11. At the same time, many experts within the government pointed to the lack of any evidence for Iraqi-sponsored terrorism directed against the United States. The threats to US national security were outlined to Bush in a briefing just prior to his inauguration; these threats came primarily from al-Qaeda’s terrorism and the proliferation of nuclear arms and other weapons of mass destruction (WMDs). The chapter first considers the US decision to invade Iraq, before discussing the war, taking into account the US’s Operation Iraqi Freedom and the war’s costs to the US and to Iraq. It also examines the Israeli–Palestinian conflict and concludes with an assessment of the ‘Arab Spring’.


Subject Live streaming and short video in China. Significance Live streaming and ‘short video’ apps have fast become mainstream in China. The international growth of Chinese-owned short-video app TikTok has generated fears in the United States that its data policies and censorship constitute a national security threat. Impacts China’s array of internet regulations make it easy for the government to find fault with a firm whose actions it disapproves of. Future laws in China will directly govern the use of the algorithms tech firms use to monitor and censor content. US politicians will be increasingly aware, and wary, of Chinese tech firms that collect data on US citizens.


Author(s):  
Sam B. Edwards III

The United States is facing challenges in applying First Amendment principles from the 18th century to modern communications. This chapter examines cases where the government has intruded upon First Amendment rights. The first section examines when the government attempts to prevent protests by cutting internet access. This amounts to a digital gag and ear plugs for the protesters. Aside from cutting access to a single area, some governments have access to total internet “kill switches.” This allows unsurpassed censorship of speech. Now there are technical means installed in most phones that could allow governments to disconnect internet access at the individual phone. In the area of social media, the courts are struggling to identify what constitutes speech. For example, when is a “like” or a “wink” speech? Equally important, when can a political figure censor speech through blocking users on social media? These cases represent warning signs that the United States, just like other countries, is struggling to adapt eighteenth century legal principles to modern communication.


Author(s):  
Laura Pontzer

From the inception of American jurisprudence, an individual’s right to freedom of speech and expression guaranteed by the First Amendment to the United States Constitution 1 has been given some of the strongest protection available.2 The most celebrated legal minds in American history have consistently advocated the necessity of an open and honest exchange of ideas as fundamental to democratic society,3 even when the ideas expressed may be unpopular or of little value.4 Nonetheless, it is equally well-established that not all speech is protected, particularly where the speech in question poses a threat to public order.5 Although First Amendment law continues to evolve, the media available to Americans wishing to express their ideas seem to be evolving exponentially faster, particularly in the forum provided by the Internet.6 Indeed, the vast expansion and availability of Internet media seem to continually outstrip the much more gradual evolution of the law, not only in the United States but worldwide.


2004 ◽  
Vol 21 (2) ◽  
pp. 195-214
Author(s):  
David E. Bernstein

The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. Freedom of speech would be of little practical consequence if the government could suppress ideas by bluntly prohibiting individuals from gathering with others who share their perspective. Freedom of expression must consist of more than the right to talk to oneself.


2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.


Author(s):  
Attarid Awadh Abdulhameed

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers.  As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to  Russians national Security and its independent role and in funence  on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.


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