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Wikimania and the First Amendment

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opednews.com Headlined to H2 12/22/10


Thomas Blanton, the esteemed director of the National Security Archive at George Washington University described Washington's hyper-reaction to Wikileaks' transmission of information to some major media in various countries as "Wikimania."

In testimony before the House Judiciary Committee last Thursday, Blanton urged the Justice Department to cool it. Wikileaks and newspapers like The New Yorks Times and London's Guardian, he said, are publishers protected by the First Amendment. The disclosures are the first small installment of a predicted much larger forthcoming trove of non-public information from both governments and global corporations.

The leakers inside these organizations come under different legal restrictions that those who use their freedom of speech rights to publish the leaked information.

The mad dog, homicidal demands to destroy the leaders of Wikileaks by self-styled liberal Democrat and Fox commentator, Bob Beckel, the radio and cable howlers and some members of Congress, may be creating an atmosphere of panic at the politically sensitive Justice Department. Attorney General Eric Holder has made very prejudicial comments pursuant to his assertion that his lawyers considering how they may prosecute Julian Assange, the Wikileaks leader.

Mr. Holder declared that both "the national security of the United States" and "the American people have been put at risk." This level of alarm was not shared by the public statements of defense Secretary Robert Gates and Secretary of States Hillary Clinton who downplayed the impact of these disclosures.

The Attorney General, who should be directing more of his resources to the corporate crime wave in all its financial, economic and hazardous manifestations, is putting himself in a bind.

If he goes after Wikileaks too broadly using the notorious Espionage Act of 1917 and other vague laws, how is he going to deal with The New York Times and other mass media that reported the disclosures?

Consider what Harvard Law Professor Jack Goldsmith, who was head of the Office of Legal Counsel in George W. Bush's Justice Department just wrote:

"In Obama's Wars, Bob Woodward, with the obvious assistance of many top Obama administration officials, disclosed many details about top secret programs, code names, documents, meetings, and the like. I have a hard time squaring the anger the government is directing towards Wikileaks with its top officials openly violating classification rules and opportunistically revealing without authorization top secret information."

On the other hand, if Mr. Holder goes the narrow route to obtain an indictment of Mr. Assange, he will risk a public relations debacle by vindictively displaying prosecutorial abuse (i.e. fixing the law around the enforcement bias.) Double standards have no place in the Justice Department.

Wikileaks is also creating anxiety in the corporate suites. A cover story in the December 20, 2010 issue of Forbes magazine reports that early next year a large amount of embarrassing material will be sent to the media by Wikileaks about a major U.S. bank, followed by masses of expose material on other global corporations.

Will these releases inform the people about very bad activities by drug, oil, financial and other companies along with corruption in various countries? If so, people may find this information useful. We can only imagine what sleazy or illegal things our government has been up to that have been covered up. Soon, people may reject those who would censor Wikileaks. Many people do want to size up what's going on inside their government in their name and with their tax dollars.

Wasn't it Jefferson who said that "information is the currency of democracy" and that, given a choice between government and a free press, he'll take the latter? Secrecy-keeping the people and Congress in the dark-is the cancer eating at the vitals of democracy.

What is remarkable about all the official hullabaloo by government officials, who leak plenty themselves, is that there never is any indictment or prosecution of government big wigs who continually suppress facts and knowledge in order to carry out very devastating actions like invading Iraq under false pretenses and covering up corporate contractors abuses. The morbid and corporate-indentured secrecy of government over the years has cost many American lives, sent Americans to illegal wars, bilked consumers of billions of dollars and harmed the safety and economic well-being of workers.

As Cong. Ron Paul said on the House floor, why is the hostility directed at Assange, the publisher, and not at our government's failure to protect classified information? He asked his colleagues which events caused more deaths, "Lying us into war, or the release of the Wikileaks papers?"

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Ralph Nader is one of America's most effective social critics. Named by The Atlantic as one of the 100 most influential figures in American history, and by Time and Life magazines as one of (more...)
 

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Point well made about whatever information has bee... by Marta Steele on Wednesday, Dec 22, 2010 at 9:30:31 PM
I read an article on this site the other day about... by Judy Palmer on Thursday, Dec 23, 2010 at 8:32:08 AM
for others to hear "there isn't much hope now".I k... by Nick van Nes on Thursday, Dec 23, 2010 at 10:08:19 AM
Trust me, I'll be fighting with whatever I've got ... by Judy Palmer on Thursday, Dec 23, 2010 at 10:19:53 AM
" A full throttle attack on Wikileaks is what the ... by Nick van Nes on Thursday, Dec 23, 2010 at 8:33:26 AM
American values have been declining and continue ... by YJ Draiman on Thursday, Dec 23, 2010 at 12:20:33 PM
Humans are cultural animals. The use of the mind... by Theresa Paulfranz on Thursday, Dec 23, 2010 at 1:46:30 PM
The lies of our appointed and elected officials wo... by Patrick McGean on Thursday, Dec 23, 2010 at 11:16:27 PM
As is often the case, Ralph Nader is right on targ... by Eugene Elander on Monday, Dec 27, 2010 at 5:15:24 AM