Wednesday, May 24, 2006
Watch what you read
Gonzalez hints at leak prosecutions
http://www.ocregister.com/ocregister/opinion/homepage/article_1152560.phpAttorney General Alberto Gonzales may have simply been launching a trial balloon on one of the Sunday political chat shows when he hinted that certain laws could be interpreted to authorize the prosecution of journalists who receive leaks of classified material. If so, that trial balloon needs to be punctured. If not, the law needs to be changed. If it's intended as intimidation, Mr. Gonzales deserves the scorn all bullies deserve.
Mr. Gonzales is more than a little disingenuous in trying to make it seem as if policy judgments by Congress could "force" the administration to go after journalists. The 1917 Espionage Act was not passed by the current Congress to force the administration's hand. It has never been applied against journalists because most authorities believe the First Amendment would protect journalists and others from its provisions. Indeed, during the Clinton administration Congress passed a law to criminalize leaks of classified material (which Mr. Clinton vetoed) precisely because people on all sides of the issue understood that then-current law (including the Espionage Act) did not criminalize most leaks.
Government officials who receive security clearances and promise not to divulge classified material are a different story. They have made contractual assurances and been entrusted with secret information. Ordinary citizens – and yes, that includes journalists – are under no such contractual obligation.
Unfortunately, government has become so big, so secretive, and so inclined to classify material that is embarrassing or scandalous rather than vital to national security that whistle-blowers and leakers are sometimes the only way citizens can learn what government is really doing in their name. Prosecuting journalists would not be the end of freedom as we know it, but it would be a step on the road to more overbearing government.