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The Pentagon Papers and the Digital Age

Apr 17 2008 - 12:30pm

On June 30, 1971, the Supreme Court overturned an injunction barring publication of the Pentagon Papers by The New York Times and The Washington Post. The Papers, a secret account of the history of the Vietnam War, confirmed numerous allegations that multiple administrations had lied to both the public and Congress about Vietnam policy, and it also unearthed new ones. The decision in New York Times v. United States represents a watershed event for press freedom.

Daniel Ellsberg's legal battles, however, were just beginning. Ellsberg, who had leaked the Pentagon Papers earlier that year, soon found himself facing more than 100 years in federal prison, something he had fully expected would happen. What he did not expect, however, was that on May 11, 1973, citing gross misconduct by government officials, a federal judge in Boston would dismiss all of the charges brought against him. Nor could he have predicted that those actions would feature so prominently in the House Judiciary Committee's discussions about whether to impeach President Nixon.

35 years after his mistrial, Daniel Ellsberg will speak about leaking the Pentagon Papers at Stanford Law School. He will be joined by his former criminal defense counsel, Harvard Law School Professor Charles Nesson, and the discussion will be moderated by Stanford Law School Professor Lawrence Lessig. The discussion will also cover the prior restraint recently leveled against Wikileaks.org in a federal court in San Francisco and the judge's subsequent reversal of his own injunction.

Participants:

Dr. Daniel Ellsberg, former Marine and Department of Defense official who leaked the Pentagon Papers in 1971.
Professor Charles Nesson, Daniel Ellsberg's defense counsel in his criminal trial, William F. Weld Professor of Law and Founder and Faculty Co-Director, Berkman Center for Internet & Society.
Lawrence Lessig, moderator, C. Wendell and Edith M. Carlsmith Professor of Law and Founder, Stanford Center for Internet & Society.


Geoff King

geoffrey.king@stanford.edu