Hello again distinguished readers,
We’re less than a week away from the courtsession and this will be the final time I address you before Thursday.
Let me start by saying that I would be completely oblivious if I didn’t realize that this case has major ramifications. That’s why I’m overseeing it right?
For reiteration purposes, in my last blog post, you heard me speak of my beliefs and original thoughts regarding the case. You know my feelings on prior restraint and how “Prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights.”
This case will set a new standard for what is and isn’t allowed to appear on these so called “gossip sites.” Is WikiLeaks considered a reliable news source? That ground will be covered as well. Julian Assange and his lawyer will have the term “prior restraint” put to the test at its greatest extent.
The United States is a proud nation. You could spend five minutes within its borders to realize that. My assumption of the most heavily hit on topic will be that of national security. Will all these “leaks”, if allowed to continue, be seen as a threat to national security? Can we, as a nation, risk information that may potentially cause our downfall in order that prior restraint may be sustained?
Before you even say it, I know. You already know my feelings and thoughts regarding prior restraint against the press. You know I released the Pentagon Papers and how I handled the infamous Watergate scandal.
Let me make myself clear to you. No matter what my prior rulings and actions have been, I will never head into a case with my mind predetermined. I will listen to all of the facts, ask questions accordingly, and make a ruling, as always, in accordance with the Constitution.
This case has ramifications that can and will impact our nation and its security. You saw what happened with Bradley Manning and the release of that information.
If the ruling ends in favor of WikiLeaks and Assange, then so called gossip sites will be allowed the freedoms it has at the moment. People like Manning could, in theory, release information against the law and find themselves in trouble (because Manning was tried in military court). However, the information will still be released without restraint.
If the ruling ends against WikiLeaks, then the press and other gossip sites will have to deal with a bit of prior restraint, and major leaks will be shut down before they are allowed to happen.
We as a jury will rely on our knowledge of the Constitution and guidance of questions asked in order to make our decision on this case.
Looking forward to a very eventful Thursday afternoon.