May 11, 2004

On this day: Ellsberg charges dismissed

On this day in 1973, charges against Daniel Ellsberg were dismissed by Judge William M. Byrne, who cited government misconduct. In 1971, Ellsberg leaked the Pentagon Papers to the New York Times.

The Times began publishing articles based on the contents, but the United States sued to block any further publication of the Top Secret material. The case quickly reached the Supreme Court, which decided that the damage to national security from publication did not outweigh the damage to the freedom of the press from prior restraint. The Court's ruling is a landmark decision on the balance between secrecy and free press. New York Times Co. v. United States, 403 U.S. 713 (1971).

The attempts of the administration of former President Richard Nixon to discredit Ellsberg through criminal break-ins to his psychiatrist's office cascaded into a scandal of constitutional proportions, leading to Nixon's resignation.

More information about Ellsberg's background and motivation is found in his 2002 book Secrets: A Memoir of Vietnam and the Pentagon Papers" in which Ellsberg addresses the issues of ethical behavior in the face of government action that is seen as immoral or illegal.

DougSimpson.com/blog

Posted by dougsimpson at May 11, 2004 09:29 AM | TrackBack
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