Tag Archives: Trevor Timm

The First Amendment Protects Journalists From Revealing Sources, Period

A concerning development occurred during the congressional hearings today on Russian Interference in the Election (link goes straight to testimony): Trey Goudy (a member of the House Permanent Select Committee on Intelligence) implied that the FBI had somehow dropped the ball by not going after New York Times and Washington Post journalists for protecting their sources when publishing classified information in the public interest.

It was quite odd watching a room ponder the prospect of charging the press with criminal activity for what is considered standard journalistic First Amendment protected practice (of publishing classified information) as if it were some kind of allowable solution to what’s been going on with the current round of White House leaks.

This issue has already been decided on quite clearly by the Supreme Court in the Pentagon Papers case, United States v. New York Times, 328 F. Supp. 324, 329 (S.D.N.Y. 1971).

This has mostly to do with something Justice Gurfein referred to as a “cantankerous press.”

As Gurfein writes in his decision:

The First Amendment concept of a “free press” must be read in the light of the struggle of free men against prior restraint of publication. From the time of Blackstone it was a tenet of the founding fathers that precensorship was the primary evil to be dealt with in the First Amendment…

The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know…it is not merely the opinion of the editorial writer or of the columnist which is protected by the First Amendment. It is the free flow of information so that the public will be informed about the Government and its actions.

These are troubled times. There is no greater safety valve for discontent and cynicism about the affairs of Government than freedom of expression in any form. This has been the genius of our institutions throughout our history. It is one of the marked traits of our national life that distinguish us from other nations under different forms of government.

Here’s Trevor Timm (Freedom of the Press Foundation) explaining this a brief 1 1/2 minute video. This clip is from the upcoming film “From DeadDrop To SecureDrop.” (Transcription below):

 

 

Transcription:

The Supreme Court case that came out of the Pentagon Papers was one of the most important First Amendment cases of the twentieth century. It essentially is affirmed that newspapers in the United States have the constitutional right to publish information – even that the government considers “Top Secret” – that’s in the public interest, and that they cannot be censored, or what courts refer to as “the government can’t issue a ‘prior restraint.’

The opinion was written incredibly fast – from the start of the case where it went from the District court to the Supreme Court took only 13 days, which is incredibly fast. If you ever read the history of Supreme Court opinions, it usually takes years to get there. And so, all nine judges wrote separate opinions, but the core of the case still stands, which is that unless there are extreme extreme circumstances – which we have never seen in this country – that newspapers and journalists have the right to publish classified information. And because of this, we have learned so much more about what our government does behind closed doors.

Often, what they do, that is immoral and wasteful and illegal, we never would have known without this decision.

 

Discussing Aaron’s Suicide: Q and A at Aaron Swartz Day 2014

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Trevor Timm, John Perry Barlow, Brian Knappenberger, and Lisa Rein, during the Q & A panel, after a special screening of “The Internet’s Own Boy” in the Internet Archive’s Great Room, at Aaron Swartz Day, November 8, 2014.

Audio clip:

Link to full Aaron Swartz Day 2014 Video.
The transcript below has been edited slightly for readability.

Lisa: Brian, when you were making this movie, and you had lots and lots of footage, how did you go about deciding which story you were actually gonna tell? One of the things that people who are not familiar with the story sometimes say to me, when they see your film for the first time, is that they are curious about the way that you handled the suicide at the end.

For me, it made sense, because, one thing that I think a lot of us could agree on, when we talked about it, after he died, was that it *didn’t* really make sense. He had had bouts with depression, from time to time, like a lot of people, but it wasn’t really anything that anyone was expecting, or that anyone could go “oh, we knew that was gonna happen,” or, “we were afraid that was going to happen” — that sort of thing.

I liked the way you sort of got that across in the film. How did you decide how you were gonna treat that issue? It was very sad at the end, but you definitely decided not to dwell on it.

Brian: Yeah. I mean, so much was written about Aaron, right after he died. And some of it, at least, had to do with depression or speculating on the role that it might of played in his death. So, I certainly, read everything. I mean, before we even started filming – when I was still in the early stages, I tried to read everybody’s take on it. A lot of people were doing first hand accounts and stuff, but the New Yorker did a piece that was almost exclusively focused on that issue.  And so I decided to take it, and basically just ask the people who were closest to him and try to understand what role it played.

The conclusion I came to is that, Taren, who lived with him during the last years of his life, she doesn’t believe that he suffered from that. Or, that he may have had something like that in his early 20s, but not when she lived with him. His brothers and other people close to him describe a kind of sensitivity, of carrying the weight of the world on his shoulders; the need to want to fix everything, almost. And so I just kind of weighted, based on what I found. I think that’s the short answer.

I think some of that was letting the government off the hook, in some ways. That’s just the conclusion that I came to. That assigning too much to “depression,” was a way of sort of distracting from this two year legal nightmare that would have certainly put anybody in a difficult position.

Lisa: Right. As if it was something where, he could have had a bad day, and done anyway, and not something that he was driven to from the situation. I guess that’s what bothered me too, when people talked about the depression, and they left out the whole part about the relentless, daily persecution by this case on his life.

Brian: Yeah, I mean, people go through worse and don’t take their own life, obviously. So, it was just something that I thought a lot about. I basically proceeded by talking to people who were close to him and trying to understand who he was, and what role that played, and I think I got some pretty candid, and pretty honest answers about that.

John Perry: I don’t have reason to say this, but I’m gonna say it anyway. It occurs to me, even though I know that Aaron Swartz would’ve been a truly extraordinary force in the world, had he lived. I’m not certain that he would’ve been the extraordinary force in the world that he became by dying when he did, and I’m not certain that he didn’t know that. It’s not out of the question in my mind that he made a strategic and very hard decision to allow himself to be a martyr to this cause at this particular point.

Lisa: I thought of that too, except that one would say that making a pragmatic decision about the timing of taking your life isn’t necessarily a sane decision to make.

john perry

Just Added: Trevor Timm for Q & A with Brian Knappenberger After Saturday’s Event and Screening

trevor_FPFJust when I think that things couldn’t be any more exciting for Saturday Night’s event!

Trevor Timm, Freedom of the Press Foundation’s co-founder and Executive Director, has just agreed to appear with Brian Knappenberger, Director of “The Internet’s Own Boy” for  Q & A after the screening at the Internet Archive Saturday night. (Host Lisa Rein will moderate.)

Trevor writes a weekly column for The Guardian and has also contributed to The Atlantic, Al Jazeera, Foreign Policy, Harvard Law and Policy Review, PBS MediaShift, and Politico.  In 2013, he received the Hugh Hefner First Amendment Award for journalism.