Ending the First Amendment Through the Classification Process
by KevinMay 23rd, 2006
The Attorney General announced that he intends to go after journalists who publish classified information:
Attorney General Alberto Gonzales said Sunday he believes journalists can be prosecuted for publishing classified information, citing an obligation to national security.
The nation’s top law enforcer also said the government will not hesitate to track telephone calls made by reporters as part of a criminal leak investigation, but officials would not do so routinely and randomly.
Put aside for the moment the ridiculousness of the Administration that leaked a CIA operative’s name in a fit of pique criticizing others for ignoring the classification laws and concentrate on the implications of what Gonzales has said. Gonzales is arguing that the government has the right to make it illegal for the press to discuss certain subjects. Classification laws are statements that certain pieces of information may not be disseminated and they are enforced by the full weight of the federal government. By placing certain information-under the seal of classification, the government makes it illegal to disseminate or discuss. The government has effectively banned certain classes of speech.
Until recently, the government has contend itself with punishing only the leakers, reasoning that the press has a special place in this country and direct attacks upon it would be contrary to the spirit and the letter of the First Amendment. The press, for its part, has generally tried to publish only that material that furthered democratic debate in the country and did not endanger national security. it was an imperfect compromise, butt served the country well through two world wars and Vietnam. Gonzales no longer seems content with that arrangement.
Gonzales wishes to prosecute reporters who disseminate classified information. He frames this as a matter of obeying the law, but the law itself is atoll to limit speech. It is bad enough that the government can prosecute people who give away or discuss classified information. It is infinitely worse to use the power of the law to muzzle the press. All the government has to do is to declare an item classified, under Gonzales’ plan, and discussion of it is no longer allowed. Secret prisons run by the US without oversight? Classify that information and no one can discuss it. Torture at American Army dentition facilities? Classify that information and no one can discuss it. Evidence exists hat contradicts a President’s preferred foreign policy? Classify it and the public can not be told of it. Entire topics of discussion entire ranges of fact can simply be made to disappear at the whim of the government if Gonzales gets his way.
The First Amendment was designed to prevent a government from restricting speech in such amasser. Zither Founding Fathers knew that a democracy could not survive a government that could stifle the free flow of ideas and the honest discussion of all the facts surrounding a given action or decision. What Bush and Gonzales intend to do is to stifle that flow of ideas and hide the facts. They intend a direct blow at one of the pillars of democratic society al thew while spouting “law and order, law and order!” as they bury the primary law of the land: the Constitution.
Categories: General |
Who should determine what is important enough to classify as a secret? Do we set up a committee of journalists to determine which secrets are to be kept and which ones should be revealed?
Fred, You bring up an interesting point, and I think Kevin muddled the issue a bit by mentioning the potential for abuse of the classification process itself. Notwithstanding that, Kevin’s main thrust concerns the Administration’s assertion that it will go after journalists that publish classified information, not the classification process itself.
Ted: “it will go after journalists that publish classified information,”
Fred: As they should.
Everything that comes out of my mouth is classified.
“Ah-choo!”
That sneeze? That’s classified. You can’t print that. You can’t print this either, it’s classified.
If you say so.