NYTimes: Dealing With Julian Assange and the Secrets He Spilled

http://www.nytimes.com/2011/01/30/magazine/30Wikileaks-t.html?pagewanted=1&hp

free press in a democracy can be messy. But the alternative is to give the government a veto over what its citizens are allowed to know. Anyone who has worked in countries where the news diet is controlled by the government can sympathize with Thomas Jefferson’s oft-quoted remark that he would rather have newspapers without government than government without newspapers.

The intentions of our founders have rarely been as well articulated as they were by Justice Hugo Black 40 years ago, concurring with the Supreme Court ruling that stopped the government from suppressing the secret Vietnam War history called the Pentagon Papers: “The government’s power to censor the press was abolished so that the press would remain forever free to censure the government. The press was protected so that it could bare the secrets of government and inform the people.”

..................

Your obligation, as an independent news organization, is to verify the material, to supply context, to exercise responsible judgment about what to publish and what not to publish and to make sense of it. That is what we did.

But while I do not regard Assange as a partner, and I would hesitate to describe what WikiLeaks does as journalism, it is chilling to contemplate the possible government prosecution of WikiLeaks for making secrets public, let alone the passage of new laws to punish the dissemination of classified information, as some have advocated. Taking legal recourse against a government official who violates his trust by divulging secrets he is sworn to protect is one thing. But criminalizing the publication of such secrets by someone who has no official obligation seems to me to run up against the First Amendment and the best traditions of this country. As one of my colleagues asks: If Assange were an understated professorial type rather than a character from a missing Stieg Larsson novel, and if WikiLeaks were not suffused with such glib antipathy toward the United States, would the reaction to the leaks be quite so ferocious? And would more Americans be speaking up against the threat of reprisals?