The Lawfare Podcast Lawfare Archive: 'National Security, Leaks and Freedom of the Press'
Mar 29, 2025
Lee Bollinger, President of Columbia University, and Geoffrey Stone, Professor at the University of Chicago Law School, dive into the legacy of the Pentagon Papers and its relevance today. They explore the tension between national security and press freedom, examining how leaks impact media practices. The conversation touches on the evolution of First Amendment rights and the need for modern reforms in handling classified information. They also discuss the balance of secrecy and transparency, emphasizing the importance of protecting both journalists and whistleblowers in today's digital age.
AI Snips
Chapters
Books
Transcript
Episode notes
Pentagon Papers Case
- The Pentagon Papers case involved the New York Times and Washington Post publishing classified Vietnam War documents.
- The Supreme Court ruled against prior restraint, allowing publication despite government concerns.
Public Importance and Dissenting Arguments
- The Pentagon Papers case had significant public attention due to its involvement with major newspapers and the Vietnam War.
- The Supreme Court's decision was a 6-3 split, with dissenters arguing the government needed more time to review the documents.
No Prior Restraint Doctrine
- The "no prior restraint" doctrine played a key role in the Pentagon Papers case.
- This doctrine makes it difficult to stop publication beforehand but leaves open the possibility of post-publication prosecution.
