The news was disorienting: WikiLeaks founder Julian Assange, whose alleged misdeeds range from sexual assault to acting as a Russian intelligence asset, would be honored with an award named after the late Danny Schechter, one of my journalistic role models.
The arrest of WikiLeaks founder Julian Assange in London raises the possibility — make that the likelihood — that he will be prosecuted in the United States for revealing military secrets provided to him by former Army private Chelsea Manning. What does this mean for freedom of the press?
As I argued in The Guardian in 2010, when it appeared that the Obama administration was prepared to bring charges against Assange, there was no practical or ethical way of drawing a distinction between WikiLeaks and mainstream news organizations such as The New York Times, The Washington Post and The Guardian, all of which have published military secrets that were leaked to them, most famously the Pentagon Papers.
The principle that U.S. officials have generally followed is that leakers such as Manning, Daniel Ellsberg, Reality Winner and, if he is arrested, Edward Snowden may be prosecuted, but journalists are left alone — even though they could at least theoretically be charged under the World War I-era Espionage Act. The government has tried to argue that WikiLeaks colluded with Manning in his theft of documents, although even then it’s hard to see how that goes beyond normal journalist-source conversations.
Of course, a lot has happened since 2010. The First Amendment would almost certainly not protect Assange if he is charged with being an agent of the Russian government in connection with the leak of Hillary Clinton’s emails in 2016. But based on what we knew as of 2010, I think this column holds up rather well.
WikiLeaks and the First Amendment
An Obama administration prosecution of Julian Assange over the embassy cable leaks would be an assault on press freedom
By Dan Kennedy | The Guardian | Dec. 16, 2010
President Obama has decided to pursue a dangerous strategy that could cause irreparable harm to freedom of the press as we know it. According to Charlie Savage of The New York Times, Attorney General Eric Holder is investigating the possibility of prosecuting WikiLeaks founder Julian Assange in connection with the 250,000 diplomatic cables stolen — according to the government — by army private Bradley Manning.
This interview was previously published at the Nieman Journalism Lab.
It seems that MuckRock, using the state’s open records law, had obtained information about how food stamps were being used in grocery stores. The data, which did not name any individual food-stamp recipients, had been lawfully requested and lawfully obtained. But that didn’t stop said bureaucrat from threatening Morisy and his tech partner, Mitchell Kotler, with fines and even imprisonment if they refused to remove the documents from their site.
They refused. And the bureaucrat said it had all been a mistake.
Now Morisy is preparing to expand MuckRock’s mission of filing freedom-of-information requests with various government agencies and posting them online for all to see. The just-launched Freedom of the Press Foundation has identified MuckRock as one of four news organizations that will benefit from its system of crowdsourced donations. The best-known of the four is WikiLeaks.
The foundation’s board is a who’s who of media activists, including Pentagon Papers whistleblower Daniel Ellsberg, Electronic Frontier Foundation co-founder John Perry Barlow, Josh Stearns of Free Press and the journalist Glenn Greenwald, now with the Guardian.
“The Freedom of the Press Foundation can be a first step away from the edge of a cliff,” writes Dan Gillmor, author of “We the Media” and “Mediactive.” “But it needs to be recognized and used by as many people as possible, as fast as possible. And journalists, in particular, need to offer their support in every way. This is ultimately about their future, whether they recognize it or not. But it’s more fundamentally about all of us.”
What follows is a lightly edited email interview I conducted with Morisy about MuckRock, the Freedom of the Press Foundation, and what comes next.
Q: Tell me a little bit about MuckRock and its origins.
A: I’d been really frustrated that we hadn’t seen much innovation in newsgathering generated by journalistic organizations. You see lots of innovations in how stories are told, but they’ve been generated by companies like Twitter, Facebook, and Instagram — all wonderful organizations, but ones which generate news as a byproduct, and where the journalistic function is by far secondary to business considerations. My co-founder and I wanted to create a startup where creating news was a core part of the business, and where the news was both user-generated and -directed as well as verified.
Since requests on MuckRock come from — and are paid for by — our users, we are able to align our business and editorial goals almost perfectly. We don’t sell advertising, we don’t put up paywalls. We just help people investigate the issues they want to, and then share those results with the world.
We’ve know been growing as a business and as an editorial operation for three years, with a part-time news editor and two fantastic interns.
Q: What sorts of projects are you involved in today?
A: Our biggest project to date is a partnership with the Electronic Frontier Foundation (EFF) called the Drone Census, which has broken a lot of major stories around the country. We let anyone submit an agency’s information and then we follow up with a public records request. So far we’ve submitted 263 requests to state, local, and federal agencies, the vast majority of which were suggested by the public. And it’s helped shed more light on a program that police departments and drone manufacturers are very purposefully keeping quiet.
We’ve also gotten to cover some really interesting local stories, such as getting the late Boston mayor Kevin White’s FBI file and taking an inside look at the timing of a drug raid, as well as national stories.
Q: What is the nature of your relationship with the Boston Globe?
A: MuckRock was invited to be part of the Globe Lab‘s incubator program a little over a year ago. We’ve received free office space and, most important, a good mailbox to receive the dozens of responses we get back every day. It’s also given us a chance to bounce ideas back and forth with their technology and editorial teams, and we’re in the early stages of a collaborative project with them.
They also recently launched The Hive, a section focused on startups in the Boston area. Given my experience running one and my editorial background, when they were looking for someone to manage and report for that section, I was a natural fit and thrilled to be invited to cover startups in the area. It’s a dream job, and it means I now have two desks, and often wear two hats inside the same building.
Q: How did you get involved in the Freedom of the Press Foundation?
A: Trevor Timm has been our main point of contact with the EFF working on the drone project, and he’s been absolutely great to work with. He reached out to us about a week ago and said that he was working on a new venture to help crowdfund investigative journalism projects, and we were honored to be thought of. It turns out he is the executive director of the Freedom of the Press Foundation, so we got lucky to be working with the right people.
Q: Do you have a goal for how much money you’re hoping to raise through the foundation? What kinds of projects would you like to fund if you’re successful?
A: We’re kind of going into this with an open mind and a hopeful heart. Any amount raised is greatly appreciated, but this will help jumpstart several new projects similar in size and scope to the drone effort, which has had an amazing response, including nods from the New York Times and many other outlets. It may also give us the flexibility to fund important stories that maybe are not as sexy. We were really interested in funding an investigation into MBTA price jumps for the disabled, for example, but our crowdfunding efforts on Spot.us are essentially dead on arrival. Having a reserve will allow us to take gambles on stories like that without having to choose between making rent and breaking news.
Why did WikiLeaks work with traditional news organizations rather than go it alone in releasing the Afghanistan war logs?
In my latest for the Guardian, I argue that WikiLeaks founder Julian Assange learned from the way he handled the Apache helicopter video earlier this year that sometimes it’s better to be Daniel Ellsberg than Ben Bradlee. And that Stephen Colbert was right.