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The Pentagon Papers Case And The Wikileaks Controversy: National Security And The First Amendment, Jerome A. Barron
The Pentagon Papers Case And The Wikileaks Controversy: National Security And The First Amendment, Jerome A. Barron
GW Law Faculty Publications & Other Works
This Essay focuses on two clashes between national security and the First Amendment - the Pentagon Papers case and the WikiLeaks controversy. The two cases are hardly exact parallels. In the Pentagon Papers case the government was seeking to enjoin publications, asking for the imposition of a prior restraint. In that context, the press received the benefit of the "heavy presumption" against prior restraints. In the WikiLeaks controversy, because the discussion centers on the possibility of a criminal prosecution against Julian Assange, there is no equivalent "heavy presumption" against such a prosecution. In each case, the actual leaker was arrested, …
Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove
Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove
GW Law Faculty Publications & Other Works
"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so.
In addition to attacking the "Nothing-to Hide Argument," Solove exposes the fallacies of pro-security arguments that have often been used to justify government surveillance and data mining. These arguments - such as the "Luddite Argument,"the "War-Powers Argument," the "All-or-Nothing …