Description
Written by a group of the nation's leading constitutional scholars, a deeply informed, thoughtful, and often surprising examination of who has First Amendment rights to disclose, to obtain, or to publish classified information relating to the national security of the United States.One of the most vexing and perennial questions facing any democracy is how to balance the government's legitimate need to conduct its operations-especially those related to protecting the national security-in secret, with the public's right and responsibility to know what its government is doing. There is no easy answer to this issue, and different nations embrace different solutions. In the United States, at the constitutional level, the answer begins exactly half a century ago with the Supreme Court's landmark 1971 decision in the Pentagon Papers case. The final decision, though, left many important questions unresolved. Moreover, the issue of leaks and secrecy has cropped up repeatedly since, most recently in the Edward Snowden and Chelsea Manning cases. In National Security, Leaks and Freedom of the Press , two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars-including John Brennan, Eric Holder, Cass R. Sunstein, and Michael Morell, among many others-to delve into important dimensions of the current system, to explain how we should think about them, and to offer as many solutions as possible.
Table of Contents
Opening StatementLee C. Bollinger and Geoffrey R. StoneThe Pentagon Papers Framework: Fifty Years LaterAllison Aviki, Jonathan Cedarbaum, Rebecca Lee, Jessica Lutkenhaus, Seth Waxman, and Paul WolfsonPart One: The National Security Perspective1. Fighting for BalanceAvril Haines2. Crafting a New Compact in the Public Interest: Protecting the National Security in an Era of LeaksKeith B. Alexander and Jamil N. Jaffer3. Leaks of Classified Information: Lessons Learned from a Lifetime on the InsideMichael Morell4. Reform and Renewal: Lessons from Snowden and the 215 ProgramLisa Monaco5. Government Needs to Get Its Own House in OrderRichard A. ClarkePart Two: The Journalist Perspective6. Behind the Scenes with the Snowden Files: "How The Washington Post and National Security Officials Dealt withConflicts over Government Secrecy" BehindEllen Nakashima7. Let's Be Practical: A Narrow Post-Publication Leak Law Would Better Protect the PressStephen J. Adler and Bruce D. Brown8. What We Owe WhistleblowersJameel Jaffer9. The Long, (Futile?) Fight for a Federal Shield LawJudith Miller10. Covering the Cyberwars: The Press vs the Government in a New Age of Global ConflictDavid SangerPart Three: The Academic Perspective 11. Outlawing LeaksDavid A. Strauss 12. The Growth of Press Freedoms in the United States Since 9/11Jack Goldsmith13 Edward Snowden, Donald Trump, and the Paradox of National Security WhistleblowingAllison Stanger14. Information is Power: Exploring a Constitutional Right of AccessMary-Rose Papandrea15. Who Said What to WhomCass R. Sunstein16. Leaks in the Age of TrumpLouis Michael SeidmanThe Report of the CommissionLee C. Bollinger John O. BrennanKathleen CarrollStephen W. CollEric HolderAnn Marie LipinskiGeoffrey R. StoneClosing StatementLee C. Bollinger and Geoffrey R. Stone
