December 25, 2010 06:00 AM
Naomi Wolf: Use of Espionage Act in WikiLeaks Case Would Amount to Criminalizing Journalism
By Heather
http://videocafe.crooksandliars.com/heather/naomi-wolf-use-espionage-act-wikileaks-casDigby has more on this exchange on CNN's Parker Spitzer and Jeffrey Toobin tying himself in knots trying to defend Attorney General Eric Holder's statement that the US government might use the Espionage Act to go after Julian Assange and WikiLeaks, so go read her whole post over at Hullabaloo. I just wanted to highlight something Naomi Wolf said during that discussion on how dangerous it is if the government does end up taking that route.
SPITZER: And back to Woodward, where does Woodward fit in to this?
SHIRKY: So I think that Woodward is not a criminal for publishing leaked documents but I also think that Assange is not a criminal for publishing leaked documents. However, I also, also think that if I'm wrong about that, that the way in which I would be wrong is going through the court system. Not through an extra legal running of WikiLeaks off the network.
The damage to me -- Jeffrey to your earlier point about the slippery slope, the non-slippery slope argument is the State Department has currently committed itself to making it very difficult for autocratic governments to force information off the Internet. And we're suddenly providing not just a recipe but a rationale that's making everyone from Lubchenko (ph) to Kim Jong-il laugh.
TOOBIN: But see, you know, again, this is a slippery slope argument.
SHIRKY: No.
TOOBIN: It is, it is. Because the fact that someone takes United States government documents, secret, no foreign distribution, and says that shouldn't be on the Internet. To say that North Korea shouldn't have a free press, to say that Russia shouldn't allow journalists to -- I mean, I think it is easy to draw a distinction between the two.
WOLF: Jeff, can I talk about the Espionage Act because that's really what's at stake now that they've invoked it. I predicted in my book "The End of America" that sooner or later, journalists would be targeted with the Espionage Act in an effort to close down free speech and free criticism of government. And we have a precedent for that. In 1917, the Espionage Act was invoked to go after people like us who are criticizing the first World War. Publishers, educators, editors. Wait, and people were put in prison. They were beaten. One guy got a 10-year sentence for reading the First Amendment. And that intimidation effectively closed down dissent for a decade in the United States of America.
The Espionage Act has a very dark and dirty history. And when you start to use the Espionage Act, to criminalize what I'm sure you've handled classified documents in your time as a serious journalist, you know perfectly well that every serious journalist has seen or heard about classified information and repeated it. When you start to use the Espionage Act to say reporting is treachery, reporting is spying, it's espionage, you criminalize journalism. And that's the history that our country has shown.
TOOBIN: I recognize there is that history. And I'm familiar with the red scare, too. America is different now.
WOLF: Oh, it's worse in some ways.
TOOBIN: Well, I would disagree.