National Security, Leaks and Freedom of the Press
The Pentagon Papers Fifty Years On
Published on 6. May 2021
Book
Hardback
380 pages
978-0-19-751938-7 (ISBN)
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.
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.
Reviews / Votes
"Civil libertarians and security specialists will find this of considerable interest."--KirkusMore details
Language
English
Place of publication
New York
United States
Dimensions
Height: 159 mm
Width: 241 mm
Thickness: 10 mm
Weight
381 gr
ISBN-13
978-0-19-751938-7 (9780197519387)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Geoffrey Stone | Lee Bollinger
National Security, Leaks and Freedom of the Press
The Pentagon Papers Fifty Years On
Book
08/2021
Oxford University Press Inc
€27.50
Shipment within 15-20 days
Geoffrey R. Stone | Lee C. Bollinger
National Security, Leaks and Freedom of the Press
The Pentagon Papers Fifty Years On
E-Book
03/2021
OUP eBook
€13.49
Available for download
Geoffrey R. Stone | Lee C. Bollinger
National Security, Leaks and Freedom of the Press
The Pentagon Papers Fifty Years On
E-Book
03/2021
OUP eBook
€13.49
Available for download
Persons
Lee C. Bollinger is Columbia University's 19th president and the first Seth Low Professor of the University. His recent books include Regardless of Frontiers: Global Freedom of Expression in a Troubled World (2021) and The Free Speech Century (2018). Bollinger co-founded Columbia's Knight First Amendment Institute, devoted to defending speech and press freedoms in the digital age, and established Columbia Global Freedom of Expression, which advances understanding of international normsprotecting free expression. Previously, as president of the University of Michigan, he led the school's litigation in the historic Grutter v. Bollinger and Gratz v. Bollinger Supreme Court cases, which reasserted that diversity is a compelling justification for affirmative action in higher education. Bollinger is a fellow of the American Academy of Arts and Sciences and the American Philosophical Society.
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone is the author or co-author of many books on constitutional law. Among them are Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (2020), The Free Speech Century (2018); Sex and the Constitution (2017); Top Secret: When Government Keeps Us In the Dark (2007); and Perilous Times: Free Speech in Wartime (2004). In 2013, President Obama appointed Mr. Stone to serve on a five-member Review Group on National Security Intelligence in the wake of Edward Snowden's leaks about the NSA. The result was The NSA Report, which included 46 recommendations for improving the nation's foreign intelligence programs, many of which have been adopted and put into place. Thereafter, Mr. Stone served as a Senior Advisor to the Director of National Intelligence.
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone is the author or co-author of many books on constitutional law. Among them are Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (2020), The Free Speech Century (2018); Sex and the Constitution (2017); Top Secret: When Government Keeps Us In the Dark (2007); and Perilous Times: Free Speech in Wartime (2004). In 2013, President Obama appointed Mr. Stone to serve on a five-member Review Group on National Security Intelligence in the wake of Edward Snowden's leaks about the NSA. The result was The NSA Report, which included 46 recommendations for improving the nation's foreign intelligence programs, many of which have been adopted and put into place. Thereafter, Mr. Stone served as a Senior Advisor to the Director of National Intelligence.
Content
Opening Statement
Lee C. Bollinger and Geoffrey R. Stone
The Pentagon Papers Framework: Fifty Years Later
Allison Aviki, Jonathan Cedarbaum, Rebecca Lee, Jessica Lutkenhaus, Seth Waxman, and Paul Wolfson
Part One: The National Security Perspective
1. Fighting for Balance
Avril Haines
2. Crafting a New Compact in the Public Interest: Protecting the National Security in an Era of Leaks
Keith B. Alexander and Jamil N. Jaffer
3. Leaks of Classified Information: Lessons Learned from a Lifetime on the Inside
Michael Morell
4. Reform and Renewal: Lessons from Snowden and the 215 Program
Lisa Monaco
5. Government Needs to Get Its Own House in Order
Richard A. Clarke
Part Two: The Journalist Perspective
6. Behind the Scenes with the Snowden Files: "How The Washington Post and National Security Officials Dealt with
Conflicts over Government Secrecy" Behind
Ellen Nakashima
7. Let's Be Practical: A Narrow Post-Publication Leak Law Would Better Protect the Press
Stephen J. Adler and Bruce D. Brown
8. What We Owe Whistleblowers
Jameel Jaffer
9. The Long, (Futile?) Fight for a Federal Shield Law
Judith Miller
10. Covering the Cyberwars: The Press vs the Government in a New Age of Global Conflict
David Sanger
Part Three: The Academic Perspective
11. Outlawing Leaks
David A. Strauss
12. The Growth of Press Freedoms in the United States Since 9/11
Jack Goldsmith
13 Edward Snowden, Donald Trump, and the Paradox of National Security Whistleblowing
Allison Stanger
14. Information is Power: Exploring a Constitutional Right of Access
Mary-Rose Papandrea
15. Who Said What to Whom
Cass R. Sunstein
16. Leaks in the Age of Trump
Louis Michael Seidman
The Report of the Commission
Lee C. Bollinger
John O. Brennan
Kathleen Carroll
Stephen W. Coll
Eric Holder
Ann Marie Lipinski
Geoffrey R. Stone
Closing Statement
Lee C. Bollinger and Geoffrey R. Stone
Lee C. Bollinger and Geoffrey R. Stone
The Pentagon Papers Framework: Fifty Years Later
Allison Aviki, Jonathan Cedarbaum, Rebecca Lee, Jessica Lutkenhaus, Seth Waxman, and Paul Wolfson
Part One: The National Security Perspective
1. Fighting for Balance
Avril Haines
2. Crafting a New Compact in the Public Interest: Protecting the National Security in an Era of Leaks
Keith B. Alexander and Jamil N. Jaffer
3. Leaks of Classified Information: Lessons Learned from a Lifetime on the Inside
Michael Morell
4. Reform and Renewal: Lessons from Snowden and the 215 Program
Lisa Monaco
5. Government Needs to Get Its Own House in Order
Richard A. Clarke
Part Two: The Journalist Perspective
6. Behind the Scenes with the Snowden Files: "How The Washington Post and National Security Officials Dealt with
Conflicts over Government Secrecy" Behind
Ellen Nakashima
7. Let's Be Practical: A Narrow Post-Publication Leak Law Would Better Protect the Press
Stephen J. Adler and Bruce D. Brown
8. What We Owe Whistleblowers
Jameel Jaffer
9. The Long, (Futile?) Fight for a Federal Shield Law
Judith Miller
10. Covering the Cyberwars: The Press vs the Government in a New Age of Global Conflict
David Sanger
Part Three: The Academic Perspective
11. Outlawing Leaks
David A. Strauss
12. The Growth of Press Freedoms in the United States Since 9/11
Jack Goldsmith
13 Edward Snowden, Donald Trump, and the Paradox of National Security Whistleblowing
Allison Stanger
14. Information is Power: Exploring a Constitutional Right of Access
Mary-Rose Papandrea
15. Who Said What to Whom
Cass R. Sunstein
16. Leaks in the Age of Trump
Louis Michael Seidman
The Report of the Commission
Lee C. Bollinger
John O. Brennan
Kathleen Carroll
Stephen W. Coll
Eric Holder
Ann Marie Lipinski
Geoffrey R. Stone
Closing Statement
Lee C. Bollinger and Geoffrey R. Stone