The Land of the Fee (sic) is showing how that "freedom of the press" stuff was all just a convenient jingle to get the great unwashed to become cannon fodder for that French-backed revolution they had a while back.
The US Justice Department is contemplating how it can lock up Julian Assange for embarrassing the US government. The only difficulty is that the US constitution is clear that arresting journalists is a pretty bad idea.
This is because the revolution was helped thanks to the propaganda techniques of the publisher Paul Revere who was responsible for putting a wholesome gloss on what was a self-motivated rebellion against popular British rule.
According to Wired, the Justice Department thinks that it can distinguish Wikileaks from traditional media outlets and charge Assange with violating the Espionage Act.
Kenneth Wainstein, former assistant attorney general on national security, during a House Judiciary Committee hearing about Wikileaks said that by showing how Wikileaks is fundamentally different, the government should be able to demonstrate that any prosecution here is the exception and is not the sign of a more aggressive prosecution effort against the press.
Currently senators are baying for blood. They want the 1917 Espionage Act to be revised to make it easier to prosecute recipients of classified information.
However the problem here is that pesky First Amendment. If Assange can be prosecuted for espionage for publishing such information, there is no reason why a similar prosecution couldn't be made against other news organisations for doing the same thing.
But Wainstein claimed that Wikileaks is not a news outlet. He said that while traditional media focus on publishing newsworthy information to educate the great unwashed, Wikileaks focuses on obtaining and disclosing any official secrets.
While the media also gather news about sensitive areas of government operations through investigative reporting, Wikileaks uses encrypted digital drop boxes to encourage disclosures of sensitive government information and circumvent laws prohibiting such disclosures.
The traditional media also limit disclosures only to sensitive information that specifically relates to a particular story deemed to be of public importance. Wikileaks whacks the lot up with no regard for their relevance.
Assange's oft-quoted remark that he "enjoys crushing bastards" is evidence that his release of sensitive information is a personal rather than a public-minded agenda, Wainstein said.
What the US government is hoping is that any judge will have in her or his mind a concept of a newspaper and therefore show Wikileaks is not one. But, to do that, a judge has to ignore an inconvenient truth about even traditional media. All of them, if they had access to diplomatic cables would print them. They might tart them up a bit with a story, but print them they must.
You cannot claim that a newspaper is a spy because it does a half-arsed job of presenting the facts. No one in the US senate would consider someone working for a tabloid less of a journalist than someone working for the Wall Street Journal.
Politicians, nor judges, have no power to define what a newspaper is. A newspaper is anything that prints something that you don't know. Paul Revere's rags would not have been considered newspapers by the British, any more than Wikileaks would be considered a newspaper by the US establishment. However they clearly are.
Certainly the effects of the leaks have shown cushy politicians have it when it comes to traditional news. They can spin, control, leak, release information when they like. Wikileaks however showed the horrible truth about what was going on in Washington.
However some of the witnesses at the hearing have noticed that pointed out that many of the cables published so far have contained information that should not have been classified and took aim at the government's routine over-classification of documents.
Gabriel Schoenfeld, a senior fellow at the Hudson Institute, indicated that as a result of so much secrecy, leaks to the press had become one of the primary ways for the public to be kept informed about what its government is doing.
What is a little more alarming is that Congress is considering a change to the Shield Act, which Congress has been mulling as an amendment to the Espionage Act. The amendment would make it illegal to publish the names of informants who provide information to the military and intelligence agencies.
While this would appear OK on the surface, if the law was applied to non-government persons, it would suppress their right to free speech.
It seems that the US needs to wake up to the fact that if you have a free society which was peddled as being important during the tea tax rebellion, you can't turn around a couple of hundred years later and say "we made a mistake we really do want to control you". It means that all those people who were duped into fighting the British for freedom, actually replaced one mild "tyranny" for one which was much worse. Ironically that makes Animal Farm, George Orwell's satire about Communism more applicable to the United States.
from a moral a land of cowardly slaves.
Watch its downfall!
ENJOY IT!
Besides, how in the name of sanity can a small group of unwashed heathens living on a little island even imagine they can rule an entire continent? Hell, they can't even rule themselves without making messes.
Be careful what you wish for, you might get it.
What's your censorship policy regarding comments? Freedom of speech for eveyone except in cases when you decide otherwise, he?
Watch and ENJOY!!!
'Knavery seems to be so much the striking feature of its [America's] inhabitants that it may not in the end be an evil that they will become aliens to this [united] kingdom.'
__ King George III.
'All who think cannot but see there is a sanction like that of religion which binds us in partnership in the serious work of the world.'
__ Benjamin Franklin.
As for as Wikileaks' claims to be a whistle-blower news outlet in regard to Freedom of the Press in the United States:
Wikileaks does not fit the context of the US press. Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion." "Wikileaks" are ineffectual document dumps.
In any regard,Freedom must be prudential as it pertains to the rights and well being of others.
Julian Assange in his quest for notoriety, is irresponsible.
Unjustifiably, Julian Assange ascribes Wikileaks' acts to causes that superficially seem reasonable and valid; but that actually are rationalisations for personal idiocrasy, and are causes unrelated to the true nature of contextual revelation, and is of a less creditable or agreeable usefulness when bespeaking Freedom of Speech.
Julian Assange is taking undue liberties without any remitted right to enjoy all the privileges or special rights of citizenship, membership, etc., in a community or the like.
In effect, Wikileaks libelises speech, the publication of which serve no righteous purpose intrinsic for Wikileaks' self-interests other than scurrilous notoriety and spurious powers of extortion (hearsay); and Wikileaks' modus operandi may be determined extremely and imminently dangerous so that resort to the courts or administrative procedures is practical to define permissible conduct and limitations on free speech that is also consistent with mitigating the terms of the First Amendment of the United States Constitution.
Freedom of the press, like freedom of speech, is subject to restrictions on bases such as defamation law, i.e. anything that is defamatory or that maliciously or damagingly misrepresents.
In any effect, Wikileaks is a peculiar stratagem unto itself, separating it from traditional and responsible news media, by the arbitrarinesses of its character, or lack of, the practise of which has become a new genre, the fundamental legality of which behoves determination by judicial review owing to the law, and not to be accepted expedients of an alleged right.
Judge, like the Bob Dobbs avatar. You stated:
"Wikileaks does not fit the context of the US press. Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion." "Wikileaks" are ineffectual document dumps."
Wikileaks totally fits that definition! It is literally and precisely a vehicle of information and is the sort of publication that has afforded debate like few others. If it is just an ineffectual document dump then why is it all of the sudden the story of the year?
P.S. Hey Rich... Bolshevic!
What the American Revolution demonstrated, is that you cannot democratically rule a province against the wishes of it's inhabitants, especially if they are sponsored by rival nation states.
And:
"How sharper than a serpent's tooth it is
To have a thankless child!"
- William Shakespeare, King Lear, 1.4.312
The only downside for the US is the naked attack on individual rights, due legal process, protocols and free speech taken by outraged politicians in the US against targetted individuals not even subject to US law, while no action is taken against US papers and journalists who publish the same information and who presumably are subject to US law. Looks a whole lot like the US aiming to turn the UK, Sweden, and EU into one big Guantanamo bay camp subject to extrajudicial extraterritorial US law.
I wonder what is getting all those US politicians so riled up? Do Palin, Huckabee, or Biden and other US politicians suspect that Wikileaks has something on them?