Wikileaks, Bradley Manning and the First Amendment
Constitution Day 2012
Constitution Day 2012: WIKILEAKS, BRADLEY MANNING, AND THE FIRST AMENDMENT
Thursday, September 27, 2012, 7:30 pm
Shayana Kadidal, Guest Speaker
Biography from the Center for Constitutional Rights, photo from Shayana Kadidal:
"Shayana Kadidal is senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights in New York City. He is a graduate of the Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit. In his eight years at the Center, he has worked on a number of significant cases in the wake of 9/11, including the Center's challenges to the detention of prisoners at Guantánamo Bay (among them torture victim Mohammed al Qahtani and former CIA ghost detainee Majid Khan), which have twice reached the Supreme Court, and several cases arising out of the post-9/11 domestic immigration sweeps. He is also counsel in CCR's legal challenges to the "material support" statute (decided by the Supreme Court last term), to the low rates of black firefighter hiring in New York City, and to the NSA's warrantless surveillance program."
Constitution Day is celebrated on September 17th of each year. That is the day the Constitution was signed during the Constitutional Convention. More information and events can be found on the Consitution Day website of the National Constitution Center.
Table of Contents
- Constitution Day 2012
- HuffPo articles by Kadidal
- Background information & articles
- Primary Sources
- Selected Articles
- NDC Process
- Contact Us
- Library Guide on the 1st Amendment
- Kadidal, Media appearances
- National Declass Ctr
- Whistleblower's Protection Blog
- National Security Archive
- Secrecy News
- Free Gov Info (FGI)
HuffPo articles by Kadidal
Background information & articles
- Facts.com (a digest of news articles; also includes reference works) Entry on the Pentagon Papers Entry on: Selected Editorials: Wikileaks
- CQ Researcher: adapted from Kingsbury, A. (2011, February 11). Government secrecy. CQ Researcher, 21, 121-144. Highly recommended! Search "Government Secrecy" or browse reports for "Military Intelligence"
- Encyclopaedia Britannica Online Entry on Wikileaks.
- Social Science Research Network (SSRN)
- LexisNexis Academic -- Federal News Service
- LISTA: Library, Information Science & Technology Abstracts
- Academic Search Premier
- America: History and Life
- Military and Government Collection
- Alternative Press Index
- WorldCat (via FirstSearch) If we don't own a book, try borrowing it using ILL.
- Assange, Julian.
- Communication in politics
- Ellsberg, Daniel.
- Freedom of information--United States.
- Freedom of the press--United States
- Government and the press--United States.
- Government information.
- Leaks (Disclosure of information)
- National security--United States
- Official secrets--United States.
- Pentagon Papers.
- Security classification (Government documents)--United States.
- Transparency in government.
- Whistle blowing--Political aspects.
- WikiLeaks (Organization)
These sites have declassified documents or facilitate government transparency:
- NARA and Declassification Includes the National Declassification Center, Declassification at the Presidential Libraries & the Public Interest Declassification Board
- National Security Archive (at George Washington University)
Declassified documents pertaining to national security obtained by FOIA requests. Contains collections such as the Torture Archive (primary sources related to the detention and interrogation of individuals by the United States).
- Open CRS: Congressional Research Report for the People
Congressional Research Service (CRS) provides background reports to Congress yet they were not distributed to government document collections. Citizens had to write their Congressional representatives to obtain copies. The Open CRS site has indexed and posted copies of these valuable documents.
Search: Classified Information
Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act (3/31/11) * in Secrecy News (5/12/11); not yet in Open CRS
Protection of Classified Information by Congress: Practices and Proposals (1/27/10)
The State Secrets Privilege and Other Limits on Litigation Involving Classified Information (5/28/09)
- CIA: Historical Collections Archive
- FBI Records: The Vault
- Internet Archive (Prelinger): United States Government Films
Non-profit corporation funded by cable and satellite affiliates that provides public access to daily political events such as congressional debates. See also: C-SPAN's Video Library (programs from 1987+)
Non-for-profit and open source site that brings together news and government data. Visitors can track and comment on legislators and legislation.
- OpenCourt (Quincey District Court, Mass.)
WBUR (NPR Boston) runs this pilot where the Quincey District Court will live stream proceedings.
Access to US Supreme Court and Federal Appellate opinions.
- Opensecrets.org (Center for Responsive Politics)
This site by the Center for Responsive Politics reports on PACs, donors, soft money and lobbyists in U.S. elections.
- Oyez: New York Times v. United States (403 U.S. 713 (1971) - "Pentagon Papers Case") ; see also Bertnicki v. Vopper (532 U. S. 514 (2001))
- NY Open Government
NY State Office of the Attorney General's portal to NY State information.
Try searching FDsys for Wikileaks
- United States, & United States. (1997). Report of the Commission on Protecting and Reducing Government Secrecy: Pursuant to Public Law 236, 103rd Congress. Washington, DC: U.S. G.P.O. Also in print: JK468.S4 U48 1997
- 5 U.S.C. 552 Public information; agency rules, opinions, orders, records, and proceedings
18 U.S.C. 3 Classified Information Procedures Act: Protective Orders
18 U.S.C. 371 Conspiracy to commit offense or to defraud United States
18 U.S.C. 793 Espionage Act (Gathering, transmitting or losing defense information)
18 U.S.C. 798 Disclosure of classified information
- Bills: Search THOMAS for: disclosure classified information to find current bills
- Government Documents: FDsys: Search (as of April 2011): collection:CPD and content:(information disclosure)
[CPD: Compiliation of Presidential Documents] Sort: new to old
29 WCPD 17 Executive Order 12829--National Industrial Security Program [PDF 34KB}
DCPD-201000942 - Executive Order 13556-Controlled Unclassified Information [PDF 42 KB]
DCPD-200901022 - Executive Order 13526-Classified National Security Information [PDF 144KB]
DCPD-201000692 - Executive Order 13549-Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities [PDF 56KB]
- Congressional Record: 156 Cong. Rec. H7760 It is time to shut Wikileaks down (pdf)
- Federal Bureau of Investigation (FBI)
- Official Documents of the United Nations (ODS)
- Committee on the Judiciary, House of Representatives
- Senate Committee on Homeland Security
- House Armed Services Committee, McKeon Statement on Latest Wikileaks Release, November 29, 2010.
- U. S. Department of Defense
- U. S. Department of Justice
- U. S. Department of State
- Homeland Security ; Homeland Security Digital Library
- Central Intelligence Agency
- National Security Agency
- National Security Archives: Information Security Oversight Office : 2010 Cost Report
C-SPAN Video Library: A selection.
For more videos. search the C-SPAN Video Library
- Julian Assange: C-SPAN Biographical History
- Espionage Act and the legal constitutional issues raised by Wikileaks [electronic resource] : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, second session, December 16, 2010.(video embedded, above).
- Information sharing in the era of Wikileaks: Balancing security and collaboration: hearing before the Senate Committee on Homeland Security and Governmental Affairs, March 20, 2011. (video and transcript from C-SPAN).
- Whistleblowers Debate on "Whistleblowers make the World Safer." (1 hour, 29 minutes). Frontline Club, April 9, 2011.
- Secretary Clinton on Internet Freedom (46 minutes). George Washington University, February 15, 2011.
- Wikileaks Publication of Classified Documents (1 hour, 31 minutes). Columbia University, Graduate School of Journalism, February 3, 2011.
- Presidential Remarks on Wikileaks Release of Classified Documents (July 27, 2010). White House. July 27, 2010.
Below are articles I collected from my Communication and Legal Studies guide and reflects my professional reading. Check my blog for more recent postings.
- Aftergood, S. (2010a, December 8). Publishing classified info: a review of relevant statutes. Secrecy News.
- Aftergood, S. (2010b, November 29). The Race to Fix the Classification System. Secrecy News.
- Aftergood, S. (2011, February 17). Senate bill would make leaks a felony. Secrecy News.
- Bambauer, D. E. (2011, February 17). The Analogy Between Wikileaks and the New York Times of the Pentagon Papers Case. Media Law Prof Blog / SSRN.
- CJR staff. (2010, November 29). WikiLeaks Coverage Roundup, Again. Columbia Journalism Review.
- Cohen, J. (2010, July 27). WikiLeaks: Time to Celebrate, Time to Mourn. Huffington Post.
- Factbox: Main revelations of WikiLeaks diplomatic cables Reuters.
- Greenwald, G: How the US Government Strikes Fear in Its Own Citizens and People Around the World. AlterNet.
- Halliday, J. (2011, January 12). Julian Assange Claims To Have Rupert Murdoch “Insurance Files.” paidContent.
- Harlow, S. (2010, December 13). WikiLeaks spawns rival, copycat sites for leaked information. Knight Center for Journalism in the Americas.
- Jacobs, J. R. (2011, February 13). A librarian reacts to “A librarian reacts to wikileaks.” Free Government Information (FGI).
- Julian Assange, The Man Behind WikiLeaks: Talks To Steve Kroft About The U.S. Attempt To Indict Him And The Criticism Aimed At Him For Publishing Classified Documents. (2011, January 30). CBS News / 60 Minutes. CBS.
- Kagan, A. (2011, February 1). Midwinter’s WikiLeaks Letdown. American Libraries Magazine.
- Moore, M. (2010, December 14). Michael Moore: Why I Posted Bail for Julian Assange. Alternet / MichaelMoore.com.
- Naiman, R. (2011, August 17). Let’s Help #WikiLeaks Liberate the Trans-Pacific Partnership Negotiating Text. Common Dreams.
- Reporters Committee for Freedom of the Press. (2010). Shield law should not be blocked over Wikileaks. : Anonymous information dumps are not journalism. RCFP.org / News Media &the Law, 31(3), 1.
- Reuters. (2010, November 30). Factbox: Main revelations of WikiLeaks diplomatic cables Reuters. Reuters.com.
- Roberts, A. S. (2011). WikiLeaks: The Illusion of Transparency. SSRN eLibrary.
- Schmitt, E. (2010, August 5). Pentagon Asks WikiLeaks to “Do the Right Thing.” The New York Times.
- Shepherd, J. E. (2010, November 29). 7 Shocking WikiLeaks Revelations. AlterNet.
- Stone, G. R. (2011, January 5). Congress’s Plans to Alter the Espionage Act Are Clearly Unconstitutional. AlterNet.
- Thill, S. (2010, September 20). Wikileaks Prepares Next Big Document Dump, While Media and Pentagon Continue Smear Campaign Against Its Founder. AlterNet.
- WikiLeaks and the U.S. Press. (2010, July 30). FAIR / Media Advisory.
- WikiLeaks Suspect Bradley Manning’s Home Life Included 911 Call: “Frontline” Profile : NPR.
- WikiLeaks war logs posting “will lead to free speech ruling.” (2010, August 27). The Guardian.
- WikiLeaks’ War on Secrecy: Truth’s Consequences. (2010, December 2). Time.
Library Guide on the 1st Amendment
Photo by Espen Moe
Kadidal, Media appearances
National Declass Ctr
Whistleblower's Protection Blog
- American Civil Liberties Union (ACLU) Wikileaks: News and Background
- Center for a New American Security (CNAS)
- Center for Constitutional Rights
- Center for Democracy & Technology Information on: Open Government OR Security and Surveillance
- Digital Media Law Project Search on Wikileaks
- Electronic Frontier Foundation (EFF) Wikileaks
- Hudson Institute: publication: Necessary Secrets: National Security, the Media, and the Rule of Law
- Media Law Resource Center (MLRC) "Espionage and the First Amendment"
- New America Foundation. Open Data Rebecca MacKinnon on Wikileaks, the Internet and Foreign Policy, C-SPAN, 2/22/2011
- OMB Watch
- Opensecrets.org (Center for Responsive Politics)
- OpenTheGovernment.org Publishes the Secrecy Report Card
- Project on Government Oversight
- Reporters Committee for Freedom of the Press
- Sunshine in Government Initiative
- Sunshine Week Annual event that celebrates open government and freedom of information. It is held the week of March 16th, James Madison's birthday.
- Reporters Committee for Freedom of the Press News on Wikileaks
National Security Archive
Free Gov Info (FGI)