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Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia Aug 2016

Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia

Patricia L. Bellia

WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.

The lessons of the Pentagon Papers case for WikiLeaks, however, are …


Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia Apr 2012

Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia

Journal Articles

WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.

The lessons of the Pentagon Papers case for WikiLeaks, however, are …


Documents, Leaks, And The Boundaries Of Expression: Government Whistleblowing In An Over Classified Age, Susan Nevelow Mart Jan 2007

Documents, Leaks, And The Boundaries Of Expression: Government Whistleblowing In An Over Classified Age, Susan Nevelow Mart

Publications

No abstract provided.


The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec Jan 2003

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec

Cleveland State Law Review

The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …


Snepp V. United States, Frederick W. Whatley Jan 1981

Snepp V. United States, Frederick W. Whatley

Cleveland State Law Review

On February 19, 1980. the Supreme Court handed downs its decision in the case of Snepp v. United States. The Court based its decision on the writs of certiorari filed by Snepp and the government. There were no briefs or oral arguments on the merits of the case. The above quotes serve as more than a mere backdrop to the Snepp case. Whether the decision was rendered out of a concern that the actions of persons such as Mr. Agee may lead to the deaths of Central Intelligence Agency (hereinafter sometimes referred to as CIA) operatives, such as Mr. Welch's …