The dangers now facing whistleblowers and, indeed, all citizens, are brilliantly described in an article recently published in the Portland Phoenix. "Covering a Multitude of Sins," by attorney Harvey Silverglate and paralegal Carl Takei, cites individual attacks on the First Amendment and reveals them, collectively, as an orchestrated war on critics of Administration officials and policies. It is a war, the authors conclude, that severely threatens not only the right of free speech, but other rights dependent upon it, as well.
Following are excerpts from the May 3 article (copyright Boston Phoenix), available in its entirety at www.portlandphoenix.com and the weblog, lewrockwell.com.
Government officials too often avoid accountability by sweeping incompetence and dishonesty under the rug of "national security." Yet our country – unlike Khrushchev’s Soviet Union – has a tradition of counter-balancing such secrecy by protecting a free press, allowing citizens to converse without risk, and honoring the efforts of brave whistle blowers – those who defy the culture of secrecy and leak information to the press to inform the public of governmental wrongdoing, mistakes, and deceptions. The Bush administration, however, is aggressively working to prevent such public scrutiny in four distinct ways: it has widened the range of classified and otherwise confidential (but non-classified) materials. It has expanded its ability to criminally prosecute government employees who leak such materials. It has signaled a willingness to move against reporters who publish those leaks. And, most significantly, it is using new "material support" statutes to do an end run around the First Amendment and criminalize many forms of political advocacy.
The information blackout cast by this preference for secrecy makes it nearly impossible for citizens to judge for themselves whether their government is using effective and appropriate means to, among other things, combat terrorism. Yet just how essential it is for citizens to be able to assess our leaders’ performance has been made clearer than ever by the proceedings of the 9/11 commission. A policy of excessive secrecy, it appears, served largely to conceal enormous incompetence at the top, bureaucratic bungling throughout the national-security apparatus, and inconvenient facts about the way the Bush White House does business.