Michael Kinsley really
fucked this one up. Reviewing Glenn Greenwald's new book, he writes:
Through all the bombast, Greenwald makes no serious effort to defend as a matter of law the leaking of official secrets to reporters. He merely asserts that “there are both formal and unwritten legal protections offered to journalists that are unavailable to anyone else. While it is considered generally legitimate for a journalist to publish government secrets, for example, that’s not the case for someone acting in any other capacity.”
Here at last, I thought, is something Greenwald and I can agree on. The Constitution is for everyone. There shouldn’t be a special class of people called “journalists” with privileges like publishing secret government documents.
I absolutely agree with Kinsley on this. Journalists should not get special dispensation for reciept and/or reporting of offical secrets. The faulty premise of that dispensation is that journalists aren't receiving state secrets for their own benefit, but rather so they can report them to the public. If so, the dispensation should be for those who disclose secrets for a public good, regardless of their profession.
Here's where Kinsley goes off the rails:
The trouble is this: Greenwald says that Snowden told him to “use your journalistic judgment to only publish those documents that the public should see and that can be revealed without harm to any innocent people.” Once again, this testimony proves the opposite of what Greenwald and Snowden seem to think. Snowden may be willing to trust Greenwald to make this judgment correctly — but are you? And even if you do trust Greenwald’s judgment, which on the evidence might be unwise, how can we be sure the next leaker will be so scrupulous?
...
The question is who decides. It seems clear, at least to me, that the private companies that own newspapers, and their employees, should not have the final say over the release of government secrets, and a free pass to make them public with no legal consequences. In a democracy (which, pace Greenwald, we still are), that decision must ultimately be made by the government. No doubt the government will usually be overprotective of its secrets, and so the process of decision-making — whatever it turns out to be — should openly tilt in favor of publication with minimal delay. But ultimately you can’t square this circle. Someone gets to decide, and that someone cannot be Glenn Greenwald.
Well why not?
(1) Is it not concievably possible that someone in the govermment, acting under the enabling protections of the Official Secrets Ac
t(2), is a bigger dick than Glenn Greenwald? And might cause greater harm than GG could, in the exercise of that dickishness?
How about: Someone gets to decide, but that someone cannot be the someone (or the Administration) who benefits from deciding in favor of secrecy. As Kinsley might say -- the Constitution is for everyone. There shouldn't be a special class of people called "the government" with privileges like making their violations of the constitution secret.
(1) I see Erik Wemple asks the same question.
(2) The Offical Secrets Act is not an actual U.S. law, but then again, Kinsley's "secret government documents" isn't an actual legal concept either.