May the Media Publish Stolen Truths?

It seems that at every turn during this crazy presidential election campaign — with its deeply flawed principal candidates (whom do you hate less?) — someone’s personal or professional computer records are being hacked. First, it was Hillary Clinton’s emails that she had failed to surrender to the State Department. Then it was a portion of Donald Trump’s 1995 tax returns, showing a $916 million loss he claimed during boom times. Then it was those Clinton emails again, this time showing her unacted-upon doubts about two of our Middle Eastern allies’ involvement in 9/11 and her revelation of some secrets about the killing of Osama bin Laden.

The reason we know about these leaks is the common thread among them — the willingness of the media to publish what was apparently stolen. Hence the question: Can the government hold the press liable — criminally or civilly — for the publication of known stolen materials that the public wants to know about? In a word: No.

Here is the back story.

Are these matters material to the public interest?

Of course they are. In a free society — one in which we do not need a government permission slip to exercise our natural rights — all people enjoy a right to know if the government is spying on us in violation of the constitutionally protected and natural right to privacy. We also have a right to know about the financial shenanigans or uprightness and the honesty or dishonesty of those who seek the highest office in the land. That is particularly so in the 2016 campaign, in which Trump has argued that his business acumen makes him uniquely qualified to be president and Clinton has offered that her experiences as secretary of state would bring a unique asset to the Oval Office.

Efforts to silence the press or to punish it when it publishes inconvenient truths about the government or those who seek to lead it are not new and the vigilance of the courts has been unabated. Thomas Jefferson — himself the victim of painful press publications — argued that in a free society, he’d prefer newspapers without a government to a government without newspapers. Would Clinton or Trump say that today?

Reprinted with the author’s permission.

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