Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information
Author: Joan Fitzpatrick
Publisher: BRILL
Total Pages: 592
Release: 2021-09-27
Genre: Law
ISBN: 9004481796

The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

The Protection of Classified Information

The Protection of Classified Information
Author: Jennifer Elsea
Publisher:
Total Pages: 17
Release: 2012
Genre: Government information
ISBN:

The publication of secret information by WikiLeaks and multiple media outlets, followed by news coverage of leaks involving high-profile national security operations, has heightened interest in the legal framework that governs security classification and declassification, access to classified information, agency procedures for preventing and responding to unauthorized disclosures, and penalties for improper disclosure. Classification authority generally rests with the executive branch, although Congress has enacted legislation regarding the protection of certain sensitive information. While the Supreme Court has stated that the President has inherent constitutional authority to control access to sensitive information relating to the national defense or to foreign affairs, no court has found that Congress is without authority to legislate in this area. This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).

The Treaty of Guadalupe Hidalgo

The Treaty of Guadalupe Hidalgo
Author: Richard Griswold del Castillo
Publisher: University of Oklahoma Press
Total Pages: 276
Release: 1992-09-01
Genre: History
ISBN: 9780806124780

Signed in 1848, the Treaty of Guadalupe Hidalgo ended the war between the United States and Mexico and gave a large portion of Mexico’s northern territories to the United States. The language of the treaty was designed to deal fairly with the people who became residents of the United States by default. However, as Richard Griswold del Castillo points out, articles calling for equality and protection of civil and property rights were either ignored or interpreted to favor those involved in the westward expansion of the United States rather than the Mexicans and Indians living in the conquered territories.

Capturing Foxes

Capturing Foxes
Author: Francis Earl Garlough
Publisher:
Total Pages: 16
Release: 1945
Genre: Fox hunting
ISBN:

A Tale of Two Eagles

A Tale of Two Eagles
Author: Craig A. Deare
Publisher: Rowman & Littlefield
Total Pages: 431
Release: 2017-03-13
Genre: Political Science
ISBN: 1442269448

The United States and Mexico share a history shaped in the 19th century by numerous US forces interventions into Mexican territory and US expropriation of considerable swaths of Mexican territory. However, in spite of structural impediments and a history of resentment by Mexico of US intervention into its affairs and territory, the levels of cooperation and understanding slowly began to improve following a series of international and domestic factors. The decline of the former Soviet Union and the fall of the Berlin Wall at a global level, coupled with major political and economic challenges and reforms within Mexico are a starting point from which to assess the evolution of the bilateral defense relationship between the United States and Mexico. The American and Mexican militaries have evolved differently over the past 100 years and they each have very different responsibilities, mission sets, orientations, and capabilities. Yet in recent years, the Mexican armed forces have cooperated more closely with their US counterparts. This may be due to explicit direction coming from senior levels of the Mexican government and to operational requirements of the armed forces themselves as they seek to increase their capability and capacity to confront the growing levels in drug trafficking related violence. Today, both countries are dealing with the effects of this increased violence and insecurity in Mexico. Relying primarily on one-on-one interviews with senior practitioners and analysts on both sides of the border, the text examines the evolution of the U.S.-Mexican bilateral defense relationship to better understand how and why this unique relationship has improved, in fits and starts, over the past 25 years. It offers a new understanding of how defense policymakers from each respective country perceive the other, as well as how the lack of trust and understanding between the two neighbors has delayed greater cooperation.

Power and Constraint: The Accountable Presidency After 9/11

Power and Constraint: The Accountable Presidency After 9/11
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
Total Pages: 337
Release: 2012-03-12
Genre: Political Science
ISBN: 0393083519

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

Moon-face and Other Stories

Moon-face and Other Stories
Author: Jack London
Publisher: IndyPublish.com
Total Pages: 572
Release: 1906
Genre: Fiction
ISBN:

JACK LONDON (1876-1916), American novelist, born in San Francisco, the son of an itinerant astrologer and a spiritualist mother. He grew up in poverty, scratching a living in various legal and illegal ways -robbing the oyster beds, working in a canning factory and a jute mill, serving aged 17 as a common sailor, and taking part in the Klondike gold rush of 1897. This various experience provided the material for his works, and made him a socialist. "The son of the Wolf" (1900), the first of his collections of tales, is based upon life in the Far North, as is the book that brought him recognition, "The Call of the Wild" (1903), which tells the story of the dog Buck, who, after his master ́s death, is lured back to the primitive world to lead a wolf pack. Many other tales of struggle, travel, and adventure followed, including "The Sea-Wolf" (1904), "White Fang" (1906), "South Sea Tales" (1911), and "Jerry of the South Seas" (1917). One of London ́s most interesting novels is the semi-autobiographical "Martin Eden" (1909). He also wrote socialist treatises, autobiographical essays, and a good deal of journalism.

California Commercial Law

California Commercial Law
Author: State Bar of California. Committee on Continuing Education of the Bar
Publisher:
Total Pages: 252
Release: 1965
Genre: Commercial law
ISBN: