This document discusses several famous whistleblowers and the ethical issues surrounding their leaks of classified information. It summarizes the cases of Daniel Ellsberg and the Pentagon Papers, warrantless wiretapping exposed by the New York Times, Valerie Plame's leaked CIA identity, Chelsea Manning's leak of government files to WikiLeaks, Edward Snowden's exposure of NSA surveillance programs, and the Obama administration's aggressive prosecution of leakers. Throughout, it raises questions about whether and how whistleblowers could or should be protected from prosecution when their leaks appear to serve the public interest in government transparency and accountability.

1. Whistleblowers and the media
A brief overview of famous leakers
and the ethical issues they raise

2. The First Amendment is for everyone —
the “lonely pamphleteer” as much as
“the large metropolitan publisher.”

3. The First Amendment is for everyone —
the “lonely pamphleteer” as much as
“the large metropolitan publisher.”
Which means there are no special
constitutional protections for
news organizations (or leakers).

4. Daniel Ellsberg
• Leaked the Pentagon
Papers, secret history of
the Vietnam War

5. Daniel Ellsberg
• Leaked the Pentagon
Papers, secret history of
the Vietnam War
• Accused of violating the
Espionage Act of 1917,
faced 115 years

6. Daniel Ellsberg
• Leaked the Pentagon
Papers, secret history of
the Vietnam War
• Accused of violating the
Espionage Act of 1917,
faced 115 years
• Censorship rejected,
but Nixon explored
charges against press

7. Ellsberg’s supporters said he served
the public interest by revealing
official doubts about the war.

8. Ellsberg’s supporters said he served
the public interest by revealing
official doubts about the war.
So why shouldn’t he have been
protected from prosecution? What
problems would that raise?

9. Warrantless wiretapping
• The New York Times
won a 2006 Pulitzer for
exposing NSA program

10. Warrantless wiretapping
• The New York Times
won a 2006 Pulitzer for
exposing NSA program
• George W. Bush called
the Times’ reporting
“a shameful act”

11. Warrantless wiretapping
• The New York Times
won a 2006 Pulitzer for
exposing NSA program
• George W. Bush called
the Times’ reporting
“a shameful act”
• Attorney General
Gonzales threated the
Times with prosecution

12. The Times exposed a program that
appeared to be a straightforward
violation of federal law.

13. The Times exposed a program that
appeared to be a straightforward
violation of federal law.
How could the Bush administration
and its allies consider criminal charges
for revealing illegalities?

14. Good leakers and bad
• CIA operative Valerie
Plame’s cover is blown,
prompting a probe

15. Good leakers and bad
• CIA operative Valerie
Plame’s cover is blown,
prompting a probe
• Judith Miller goes
to jail rather than
reveal her source

16. Good leakers and bad
• CIA operative Valerie
Plame’s cover is blown,
prompting a probe
• Judith Miller goes
to jail rather than
reveal her source
• Freed when Lewis
“Scooter” Libby
gave her permission

17. The Plame leak appeared to be
an act of political retribution with
no larger public purpose.

18. The Plame leak appeared to be
an act of political retribution with
no larger public purpose.
Is there any practical way we could
protect the leakers we like and punish
the leakers we don’t? Who decides?

19. Chelsea Manning
• Provided vast troves
of classified information
to WikiLeaks

20. Chelsea Manning
• Provided vast troves
of classified information
to WikiLeaks
• Exposed abuses but
also revealed names of
undercover operatives

21. Chelsea Manning
• Provided vast troves
of classified information
to WikiLeaks
• Exposed abuses but
also revealed names of
undercover operatives
• WikiLeaks founder
Assange is holed up in
Ecuadorian embassy

22. What should our response be when
there’s ambiguity as to whether a leaker’s
actions served the public good?

23. What should our response be when
there’s ambiguity as to whether a leaker’s
actions served the public good?
Should the (limited) publication rights
afforded to the news media be extended
to groups such as WikiLeaks?

24. Edward Snowden
• Like Daniel Ellsberg, he
leaked to established
news organizations

25. Edward Snowden
• Like Daniel Ellsberg, he
leaked to established
news organizations
• Exposure of NSA
led to Pulitzer Prizes
for two newspapers

26. Edward Snowden
• Like Daniel Ellsberg, he
leaked to established
news organizations
• Exposure of NSA
led to Pulitzer Prizes
for two newspapers
• “The Snowden effect”:
Congress scales back
bulk data collection

27. As with Daniel Ellsberg, many people
believe Edward Snowden’s leaks
served the public interest.

28. As with Daniel Ellsberg, many people
believe Edward Snowden’s leaks
served the public interest.
Also as with Ellsberg, leaks led to
criminal charges against the leaker
and threats against the press.

29. Obama’s war on leakers
• More aggressive than
any previous president
— seven prosecutions

30. Obama’s war on leakers
• More aggressive than
any previous president
— seven prosecutions
• Journalists like James
Risen become collateral
damage of this war

31. Obama’s war on leakers
• More aggressive than
any previous president
— seven prosecutions
• Journalists like James
Risen become collateral
damage of this war
• CPJ reports Obama’s
anti-leak efforts have
had a chilling effect

32. If whistleblowing is vital to the
press’ role as a watchdog of government,
is there some way we can protect it?

33. If whistleblowing is vital to the
press’ role as a watchdog of government,
is there some way we can protect it?
Who gets to decide which
whistleblowers deserve protection
and which don’t?