Thursday, March 29, 2012

Wikileaks: Independent or Illegal?

Wikileaks brings up one of the best arguments of our time about mainstream vs independent media.  Mainstream media has helped the assault on Wikileaks, probably because they aren't the one getting the scoop.

The legal attacks on Wikileaks would never happen to a mainstream outlet.  In fact, is doesn't, because of Time v US, the Supreme Court case regarding the publication of the Pentagon Papers.

Through that litigation, the Court established that the only party who can be prosecuted for releasing classified information is the person who actually leaks it.  The publication who runs it is protected under the first amendment.

This precedent has protected publications time and time again when they spread damning information and protect whistle-blowers.  However, the publication had always been mainstream media.

Since Wikileaks is online-based and an independent outlet, it has taken harsher scrutiny for its publishing.  There have been multiple attempts to get it off the internet under national security claims from different countries.  They wouldn't be able to make the same claims with the New York Times.

It will be interesting to see how the courts deal with this most recent Bradley case with Wikileaks.  If they decide not to give Wikileaks the same protection as they do mainstream outlets, it could be disastrous for interdependent investigative journalism.

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