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Saturday, December 4, 2021

Credibility gap

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Credibility_gap

Credibility gap is a term that came into wide use with journalism, political and public discourse in the United States during the 1960s and 1970s. At the time, it was most frequently used to describe public skepticism about the Lyndon B. Johnson administration's statements and policies on the Vietnam War. It was used in journalism as a euphemism for recognized lies told to the public by politicians. Today, it is used more generally to describe almost any "gap" between an actual situation and what politicians and government agencies say about it.

History

The term "credibility gap" came against a background of the use of the term "missile gap", which the Oxford English Dictionary lists as first being used by then-Senator John F. Kennedy on 14 August 1958, when he stated: "Our Nation could have afforded, and can afford now, the steps necessary to close the missile gap." "Doomsday gap" and "mineshaft gap" were the imagined post-apocalyptic continuations of this paranoia in the 1964 Cold War satire Dr. Strangelove.

The term "credibility gap" was widely in use as early as 1963, according to Timetables of History. Prior to its association with the Vietnam War, in December 1962, at the annual meeting of the U.S. Inter-American Council, Senator Kenneth B. Keating (R-N.Y.) praised President John F. Kennedy's prompt action in the Cuban Missile Crisis, but he said there was an urgent need for the United States to plug the "credibility gap" in U.S. policy on Cuba. It was popularized in 1966 by J. William Fulbright, a Democratic Senator from Arkansas, when he could not get a straight answer from President Johnson's Administration regarding the war in Vietnam.

"Credibility gap" was first used in association with the Vietnam War in the New York Herald Tribune in March 1965, to describe then-president Lyndon Johnson's handling of the escalation of American involvement in the war. A number of events—particularly the surprise Tet Offensive, and later the 1971 release of the Pentagon Papers—helped to confirm public suspicion that there was a significant "gap" between the administration's declarations of controlled military and political resolution, and the reality. These were viewed as examples of Johnson's and later Richard Nixon's duplicity. Throughout the war, Johnson worked with his officials to ensure that his public addresses would only disclose bare details of the war to the American public. During the war the country grew more and more aware of the credibility gap especially after Johnson's speech at Johns Hopkins University in April 1965. An example of public opinion appeared in The New York Times concerning the war. "The time has come to call a spade a bloody shovel. This country is in an undeclared and unexplained war in Vietnam. Our masters have a lot of long and fancy names for it, like escalation and retaliation, but it is a war just the same."

The advent of the presence of television journalists allowed by the military to report and photograph events of the war within hours or days of their actual occurrence in an uncensored manner drove the discrepancy widely referred to as "the credibility gap".

Later usage

After the Vietnam War, the term "credibility gap" came to be used by political opponents in cases where an actual, perceived or implied discrepancy existed between a politician's public pronouncements and the actual, perceived or implied reality. For example, in the 1970s the term was applied to Nixon's own handling of the Vietnam War and subsequently to the discrepancy between evidence of Richard Nixon's complicity in the Watergate break-in and his repeated claims of innocence.

Since 2017, the term has been used to describe the Trump administration, particularly in relation to the use of what White House Counsel Kellyanne Conway called alternative facts.

Pentagon Papers

From Wikipedia, the free encyclopedia

A CIA map of dissident activities in Indochina, published as part of the Pentagon Papers

The Pentagon Papers, officially titled Report of the Office of the Secretary of Defense Vietnam Task Force, is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 1945 to 1967. The papers were released by Daniel Ellsberg, who had worked on the study; they were first brought to the attention of the public on the front page of The New York Times in 1971. A 1996 article in The New York Times said that the Pentagon Papers had demonstrated, among other things, that the Johnson Administration had "systematically lied, not only to the public but also to Congress."

The Pentagon Papers revealed that the U.S. had secretly enlarged the scope of its actions in the Vietnam War with coastal raids on North Vietnam and Marine Corps attacks—none of which were reported in the mainstream media. For his disclosure of the Pentagon Papers, Ellsberg was initially charged with conspiracy, espionage, and theft of government property; charges were later dismissed, after prosecutors investigating the Watergate scandal discovered that the staff members in the Nixon White House had ordered the so-called White House Plumbers to engage in unlawful efforts to discredit Ellsberg.

In June 2011, the documents forming the Pentagon Papers were declassified and publicly released.

Contents

Shortly after their release in June 1971, the Pentagon Papers were featured on the cover of Time magazine for revealing "The Secret War" of the United States in Vietnam.

Secretary of Defense Robert McNamara created the Vietnam Study Task Force on June 17, 1967, for the purpose of writing an "encyclopedic history of the Vietnam War". McNamara claimed that he wanted to leave a written record for historians, to prevent policy errors in future administrations, although Les Gelb, then director of Policy Planning at the Pentagon, has said that the notion that they were commissioned as a "cautionary tale" is a motive that McNamara only used in retrospect. McNamara told others, such as Dean Rusk, that he only asked for a collection of documents rather than the studies he received. Motives aside, McNamara neglected to inform either President Lyndon Johnson or Secretary of State Dean Rusk about the study. One report claimed that McNamara had planned to give the work to his friend, Robert F. Kennedy, who was seeking the Democratic presidential nomination in 1968. which he later denied, though admitting that he should have informed Johnson and Rusk.

Instead of using existing Defense Department historians, McNamara assigned his close aide and Assistant Secretary of Defense John T. McNaughton to collect the papers. McNaughton died in a plane crash one month after work began in June 1967, but the project continued under the direction of Defense Department official Leslie H. Gelb. Thirty-six analysts—half of them active-duty military officers, the rest academics and civilian federal employees—worked on the study. The analysts largely used existing files in the Office of the Secretary of Defense. In order to keep the study secret from others, including National Security Advisor Walt W. Rostow, they conducted no interviews or consultations with the armed forces, with the White House, or with other federal agencies.

McNamara left the Defense Department in February 1968, and his successor Clark M. Clifford received the finished study on January 15, 1969, five days before Richard Nixon's inauguration, although Clifford claimed he never read it. The study consisted of 3,000 pages of historical analysis and 4,000 pages of original government documents in 47 volumes, and was classified as "Top Secret – Sensitive". ("Sensitive" is not an official security designation; it meant that access to the study should be controlled.) The task force published 15 copies; the think tank RAND Corporation received two of the copies from Gelb, Morton Halperin and Paul Warnke, with access granted if at least two of the three approved.

Organization and content of the documents

The 47 volumes of the papers were organized as follows:

I. Vietnam and the U.S., 1940–1950 (1 Vol.)

A. U.S. Policy, 1940–50
B. The Character and Power of the Viet Minh
C. Ho Chi Minh: Asian Tito?

II. U.S. Involvement in the Franco–Viet Minh War, 1950–1954 (1 Vol.)

A. U.S., France and Vietnamese Nationalism
B. Toward a Negotiated Settlement

III. The Geneva Accords (1 Vol.)

A. U.S. Military Planning and Diplomatic Maneuver
B. Role and Obligations of State of Vietnam
C. Viet Minh Position and Sino–Soviet Strategy
D. The Intent of the Geneva Accords

IV. Evolution of the War (26 Vols.)

A. U.S. MAP for Diem: The Eisenhower Commitments, 1954–1960 (5 Vols.)
1. NATO and SEATO: A Comparison
2. Aid for France in Indochina, 1950–54
3. U.S. and France's Withdrawal from Vietnam, 1954–56
4. U.S. Training of Vietnamese National Army, 1954–59
5. Origins of the Insurgency
B. Counterinsurgency: The Kennedy Commitments, 1961–1963 (5 Vols.)
1. The Kennedy Commitments and Programs, 1961
2. Strategic Hamlet Program, 1961–63
3. The Advisory Build-up, 1961–67
4. Phased Withdrawal of U.S. Forces in Vietnam, 1962–64
5. The Overthrow of Ngo Dinh Diem, May–Nov. 1963
C. Direct Action: The Johnson Commitments, 1964–1968 (16 Vols.)
1. U.S. Programs in South Vietnam, November 1963–April 1965: NSAM 273 - NSAM 288 - Honolulu
2. Military Pressures Against NVN (3 Vols.)
a. February – June 1964
b. July – October 1964
c. November – December 1964
3. ROLLING THUNDER Program Begins: January – June 1965
4. Marine Combat Units Go to DaNang, March 1965
5. Phase I in the Build-Up of U.S. Forces: March – July 1965
6. U.S. Ground Strategy and Force Deployments: 1965 – 1967 (3 Vols.)
a. Volume I: Phase II, Program 3, Program 4
b. Volume II: Program 5
c. Volume III: Program 6
7. Air War in the North: 1965 – 1968 (2 Vols)
a. Volume I
b. Volume II
8. Re-emphasis on Pacification: 1965–1967
9. U.S.–GVN Relations (2 Vols.)
a. Volume 1: December 1963 – June 1965
b. Volume 2: July 1965 – December 1967
10. Statistical Survey of the War, North and South: 1965 – 1967

V. Justification of the War (11 Vols.)

A. Public Statements (2 Vols.)
Volume I: A--The Truman Administration
B--The Eisenhower Administration
C--The Kennedy Administration
Volume II: D--The Johnson Administration
B. Internal Documents (9 Vols.)
1. The Roosevelt Administration
2. The Truman Administration: (2 Vols.)
a. Volume I: 1945–1949
b. Volume II: 1950–1952
3. The Eisenhower Administration: (4 Vols.)
a. Volume I: 1953
b. Volume II: 1954–Geneva
c. Volume III: Geneva Accords – 15 March 1956
d. Volume IV: 1956 French Withdrawal – 1960
4. The Kennedy Administration (2 Vols.)
Book I
Book II

VI. Settlement of the Conflict (6 Vols.)

A. Negotiations, 1965–67: The Public Record
B. Negotiations, 1965–67: Announced Position Statements
C. Histories of Contacts (4 Vols.)
1. 1965–1966
2. Polish Track
3. Moscow–London Track
4. 1967–1968

Actual objective of the Vietnam War: Containment of China

As laid out by U.S. Secretary of Defense Robert McNamara, the Chinese containment policy of the United States was a long-run strategic effort to surround Beijing with the USSR, its satellite states, as well as:
  1. The JapanKorea front,
  2. The IndiaPakistan front, and
  3. The Southeast Asia front

Although President Johnson stated that the aim of the Vietnam War was to secure an "independent, non-Communist South Vietnam", a January 1965 memorandum by Assistant Secretary of Defense John McNaughton stated that an underlying justification was "not to help friend, but to contain China".

On November 3, 1965, Secretary of Defense Robert McNamara sent a memorandum to President Johnson, in which he explained the "major policy decisions with respect to our course of action in Vietnam". The memorandum begins by disclosing the rationale behind the bombing of North Vietnam in February 1965:

The February decision to bomb North Vietnam and the July approval of Phase I deployments make sense only if they are in support of a long-run United States policy to contain China.

McNamara accused China of harboring imperial aspirations like those of Nazi Germany and Imperial Japan. According to McNamara, the Chinese were conspiring to "organize all of Asia" against the United States:

China—like Germany in 1917, like Germany in the West and Japan in the East in the late 30s, and like the USSR in 1947—looms as a major power threatening to undercut our importance and effectiveness in the world and, more remotely but more menacingly, to organize all of Asia against us.

To encircle the Chinese, the United States aimed to establish "three fronts" as part of a "long-run effort to contain China":

There are three fronts to a long-run effort to contain China (realizing that the USSR "contains" China on the north and northwest):

(a) the Japan–Korea front;

(b) the India–Pakistan front; and

(c) the Southeast Asia front.

However, McNamara admitted that the containment of China would ultimately sacrifice a significant amount of America's time, money and lives.

Internal affairs of Vietnam

Years before the Gulf of Tonkin incident occurred on August 2, 1964, the U.S. government was indirectly involved in Vietnam's affairs by sending advisors or (military personnel) to train the South Vietnamese soldiers:

  • Under President Harry S. Truman, the U.S. government aided France in its war against the communist-led Viet Minh during the First Indochina War.
  • Under President Dwight D. Eisenhower, the U.S. government played a "direct role in the ultimate breakdown of the Geneva settlement" in 1954 by supporting the fledgling South Vietnam and covertly undermining the communist country of North Vietnam.
  • Under President John F. Kennedy, the U.S. government transformed its policy towards Vietnam from a limited "gamble" to a broad "commitment".
  • Under President Johnson, the U.S. government began waging covert military operations against communist North Vietnam in defense of South Vietnam.

Role of the United States in the rise of President Diem

U.S. President Dwight D. Eisenhower greets South Vietnam's President Ngo Dinh Diem, whose rise to power was backed by the United States, according to the Pentagon Papers

In a section of the Pentagon Papers titled "Kennedy Commitments and Programs", America's commitment to South Vietnam was attributed to the creation of the country by the United States. As acknowledged by the papers:

We must note that South Vietnam (unlike any of the other countries in Southeast Asia) was essentially the creation of the United States.

In a sub-section titled "Special American Commitment to Vietnam", the papers emphasized once again the role played by the United States:

  • Without U.S. support [Ngo Dinh] Diem almost certainly could not have consolidated his hold on the South during 1955 and 1956.
  • Without the threat of U.S. intervention, South Vietnam could not have refused to even discuss the elections called for in 1956 under the Geneva settlement without being immediately overrun by the Viet Minh armies.
  • Without U.S. aid in the years following, the Diem regime certainly, and an independent South Vietnam almost as certainly, could not have survived.

More specifically, the United States sent US$28.4 million worth of equipment and supplies to help the Diem regime strengthen its army. In addition, 32,000 men from South Vietnam's Civil Guard were trained by the United States at a cost of US$12.7 million. It was hoped that Diem's regime, after receiving a significant amount of U.S. assistance, would be able to withstand the Viet Cong.

The papers identified General Edward Lansdale, who served in the Office of Strategic Services (OSS) and worked for the Central Intelligence Agency (CIA), as a "key figure" in the establishment of Diem as the President of South Vietnam, and the backing of Diem's regime thereafter. As written by Lansdale in a 1961 memorandum: "We (the U.S.) must support Ngo Dinh Diem until another strong executive can replace him legally."

Role of the United States in the overthrow of Diem's regime

The body of President Diệm after he was assassinated in the 1963 South Vietnamese coup, which was backed by the United States government

According to the Pentagon Papers, the U.S. government played a key role in the 1963 South Vietnamese coup, in which Diem was assassinated. While maintaining "clandestine contact" with Vietnamese generals planning a coup, the U.S. cut off its aid to President Diem and openly supported a successor government in what the authors called an "essentially leaderless Vietnam":

For the military coup d'etat against Ngo Dinh Diem, the U.S. must accept its full share of responsibility. Beginning in August 1963 we variously authorized, sanctioned and encouraged the coup efforts of the Vietnamese generals and offered full support for a successor government.

In October we cut off aid to Diem in a direct rebuff, giving a green light to the generals. We maintained clandestine contact with them throughout the planning and execution of the coup and sought to review their operational plans and proposed new government.

Thus, as the nine-year rule of Diem came to a bloody end, our complicity in his overthrow heightened our responsibilities and our commitment in an essentially leaderless Vietnam.

As early as August 23, 1963, an unnamed U.S. representative had met with Vietnamese generals planning a coup against Diem. According to The New York Times, this U.S. representative was later identified to be CIA officer Lucien Conein.

Proposed operations

The Director of Central Intelligence, John A. McCone, proposed the following categories of military action:

  • Category 1 – Air raids on major Viet Cong supply centers, conducted simultaneously by the Republic of Vietnam Air Force and the United States Air Force (codenamed Farmgate)
  • Category 2 – Cross-border raids on major Viet Cong supply centers, conducted by South Vietnamese units and US military advisors.
  • Category 3 – Limited air strikes on North Vietnamese targets by unmarked planes flown exclusively by non-US aircrews.

However, McCone did not believe these military actions alone could lead to an escalation of the situation because the "fear of escalation would probably restrain the Communists". In a memorandum addressed to President Johnson on July 28, 1964, McCone explained:

In response to the first or second categories of action, local Communist military forces in the areas of actual attack would react vigorously, but we believe that none of the Communist powers involved would respond with major military moves designed to change the nature of the conflict ... Air strikes on North Vietnam itself (Category 3) would evoke sharper Communist reactions than air strikes confined to targets in Laos, but even in this case fear of escalation would probably restrain the Communists from a major military response ...

Barely a month after the Gulf of Tonkin incident on August 2, 1964, National Security Advisor McGeorge Bundy warned that further provocations should not be undertaken until October, when the government of South Vietnam (GVN) would become fully prepared for a full-scale war against North Vietnam. In a memorandum addressed to President Johnson on September 8, 1964, Bundy wrote:

The main further question is the extent to which we should add elements to the above actions that would tend deliberately to provoke a DRV reaction, and consequent retaliation by us.

Examples of actions to be considered were running US naval patrols increasingly close to the North Vietnamese coast and/or [sic] associating them with 34A operations.

We believe such deliberately provocative elements should not be added in the immediate future while the GVN is still struggling to its feet. By early October, however, we may recommend such actions depending on GVN progress and Communist reaction in the meantime, especially to US naval patrols.

While maritime operations played a key role in the provocation of North Vietnam, U.S. military officials had initially proposed to fly a Lockheed U-2 reconnaissance aircraft over the country, but this was to be replaced by other plans.

Leak

Daniel Ellsberg knew the leaders of the task force well. He had worked as an aide to McNaughton from 1964 to 1965, had worked on the study for several months in 1967, and Gelb and Halperin approved his access to the work at RAND in 1969. Now opposing the war, Ellsberg and his friend Anthony Russo photocopied the study in October 1969 intending to disclose it. Ellsberg approached Nixon's National Security Advisor Henry Kissinger, Senators William Fulbright and George McGovern, and others, but none were interested.

In February 1971, Ellsberg discussed the study with The New York Times reporter Neil Sheehan, and gave 43 of the volumes to him in March. Before publication, The New York Times sought legal advice. The paper's regular outside counsel, Lord Day & Lord, advised against publication, but in-house counsel James Goodale prevailed with his argument that the press had a First Amendment right to publish information significant to the people's understanding of their government's policy.

The New York Times began publishing excerpts on June 13, 1971; the first article in the series was titled "Vietnam Archive: Pentagon Study Traces Three Decades of Growing US Involvement". The study was dubbed The Pentagon Papers during the resulting media publicity. Street protests, political controversy, and lawsuits followed.

To ensure the possibility of public debate about the papers' content, on June 29, US Senator Mike Gravel, an Alaska Democrat, entered 4,100 pages of the papers into the record of his Subcommittee on Public Buildings and Grounds. These portions of the papers, which were edited for Gravel by Howard Zinn and Noam Chomsky, were subsequently published by Beacon Press, the publishing arm of the Unitarian Universalist Association of Congregations. A federal grand jury was subsequently empaneled to investigate possible violations of federal law in the release of the report. Leonard Rodberg, a Gravel aide, was subpoenaed to testify about his role in obtaining and arranging for publication of the Pentagon Papers. Gravel asked the court (in Gravel v. United States) to quash the subpoena on the basis of the Speech or Debate Clause in Article I, Section 6 of the United States Constitution.

That clause provides that "for any Speech or Debate in either House, [a Senator or Representative] shall not be questioned in any other Place", meaning that Gravel could not be prosecuted for anything said on the Senate floor, and, by extension, for anything entered to the Congressional Record, allowing the papers to be publicly read without threat of a treason trial and conviction. When Gravel's request was reviewed by the U.S. Supreme Court, the Court denied the request to extend this protection to Gravel or Rodberg because the grand jury subpoena served on them related to a third party rather than any act they themselves committed for the preparation of materials later entered into the Congressional Record. Nevertheless, the grand jury investigation was halted, and the publication of the papers was never prosecuted.

Later, Ellsberg said the documents "demonstrated unconstitutional behavior by a succession of presidents, the violation of their oath and the violation of the oath of every one of their subordinates." He added that he leaked the Papers to end what he perceived to be "a wrongful war".

The Nixon administration's restraint of the media

President Nixon at first planned to do nothing about publication of the study since it embarrassed the Johnson and Kennedy administrations rather than his. But Henry Kissinger convinced the president that not opposing the publication set a negative precedent for future secrets. The administration argued Ellsberg and Russo were guilty of a felony under the Espionage Act of 1917, because they had no authority to publish classified documents. After failing to persuade The New York Times to voluntarily cease publication on June 14, Attorney General John N. Mitchell and Nixon obtained a federal court injunction forcing The New York Times to cease publication after three articles. The New York Times publisher Arthur Ochs Sulzberger said:

These papers, as our editorial said this morning, were really a part of history that should have been made available considerably longer ago. I just didn't feel there was any breach of national security, in the sense that we were giving secrets to the enemy.

The newspaper appealed the injunction, and the case New York Times Co. v. United States (403 U.S. 713) quickly rose through the U.S. legal system to the Supreme Court.

On June 18, 1971, The Washington Post began publishing its own series of articles based upon the Pentagon Papers; Ellsberg had given portions to The Washington Post reporter Ben Bagdikian. Bagdikian brought the information to editor Ben Bradlee. That day, Assistant U.S. Attorney General William Rehnquist asked The Washington Post to cease publication. After the paper refused, Rehnquist sought an injunction in U.S. district court. Judge Murray Gurfein declined to issue such an injunction, writing that "[t]he security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, a ubiquitous press must be suffered by those in authority to preserve the even greater values of freedom of expression and the right of the people to know." The government appealed that decision, and on June 26 the Supreme Court agreed to hear it jointly with The New York Times case. Fifteen other newspapers received copies of the study and began publishing it.

The Supreme Court allows further publication

On June 30, 1971, the Supreme Court decided, 6–3, that the government failed to meet the heavy burden of proof required for prior restraint injunction. The nine justices wrote nine opinions disagreeing on significant, substantive matters.

Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.

— Justice Black

Thomas Tedford and Dale Herbeck summarized the reaction of editors and journalists at the time:

As the press rooms of the Times and the Post began to hum to the lifting of the censorship order, the journalists of America pondered with grave concern the fact that for fifteen days the 'free press' of the nation had been prevented from publishing an important document and for their troubles had been given an inconclusive and uninspiring 'burden-of-proof' decision by a sharply divided Supreme Court. There was relief, but no great rejoicing, in the editorial offices of America's publishers and broadcasters.

— Tedford and Herbeck, pp. 225–226.

Legal charges against Ellsberg

Ellsberg surrendered to authorities in Boston, and admitted that he had given the papers to the press: "I felt that as an American citizen, as a responsible citizen, I could no longer cooperate in concealing this information from the American public. I did this clearly at my own jeopardy and I am prepared to answer to all the consequences of this decision". He was indicted by a grand jury in Los Angeles on charges of stealing and holding secret documents. Federal District Judge William Matthew Byrne, Jr. declared a mistrial and dismissed all charges against Ellsberg and Russo on May 11, 1973, after it was revealed that agents acting on the orders of the Nixon administration illegally broke into the office of Ellsberg's psychiatrist and attempted to steal files; representatives of the Nixon administration approached the Ellsberg trial judge with an offer of the job of FBI directorship; several irregularities appeared in the government's case including its claim that it had lost records of illegal wiretapping against Ellsberg conducted by the White House Plumbers in the contemporaneous Watergate scandal. Byrne ruled: "The totality of the circumstances of this case which I have only briefly sketched offend a sense of justice. The bizarre events have incurably infected the prosecution of this case." Ellsberg and Russo were freed due to the mistrial; they were not acquitted of violating the Espionage Act.

In March 1972, political scientist Samuel L. Popkin, then assistant professor of Government at Harvard University, was jailed for a week for his refusal to answer questions before a grand jury investigating the Pentagon Papers case, during a hearing before the Boston Federal District Court. The Faculty Council later passed a resolution condemning the government's interrogation of scholars on the grounds that "an unlimited right of grand juries to ask any question and to expose a witness to citations for contempt could easily threaten scholarly research".

Gelb estimated that The New York Times only published about five percent of the study's 7,000 pages. The Beacon Press edition was also incomplete. Halperin, who had originally classified the study as secret, obtained most of the unpublished portions under the Freedom of Information Act and the University of Texas published them in 1983. The National Security Archive published the remaining portions in 2002. The study itself remained formally classified until 2011.

Impact

The Pentagon Papers revealed that the United States had expanded its war with the bombing of Cambodia and Laos, coastal raids on North Vietnam, and Marine Corps attacks, none of which had been reported by the American media. The most damaging revelations in the papers revealed that four administrations (Truman, Eisenhower, Kennedy, and Johnson) had misled the public regarding their intentions. For example, the Eisenhower administration actively worked against the Geneva Accords. The John F. Kennedy administration knew of plans to overthrow South Vietnamese leader Ngo Dinh Diem before his death in a November 1963 coup. President Johnson had decided to expand the war while promising "we seek no wider war" during his 1964 presidential campaign, including plans to bomb North Vietnam well before the 1964 Election. President Johnson had been outspoken against doing so during the election and claimed that his opponent Barry Goldwater was the one that wanted to bomb North Vietnam.

In another example, a memo from the Defense Department under the Johnson Administration listed the reasons for American persistence:

  • 70% – To avoid a humiliating U.S. defeat (to our reputation as a guarantor).
  • 20% – To keep [South Vietnam] (and the adjacent) territory from Chinese hands.
  • 10% – To permit the people [of South Vietnam] to enjoy a better, freer way of life.
  • ALSO – To emerge from the crisis without unacceptable taint from methods used.
  • NOT – To help a friend, although it would be hard to stay in if asked out.

Another controversy was that President Johnson sent combat troops to Vietnam by July 17, 1965, before pretending to consult his advisors on July 21–27, per the cable stating that "Deputy Secretary of Defense Cyrus Vance informs McNamara that President had approved 34 Battalion Plan and will try to push through reserve call-up."

In 1988, when that cable was declassified, it revealed "there was a continuing uncertainty as to [Johnson's] final decision, which would have to await Secretary McNamara's recommendation and the views of Congressional leaders, particularly the views of Senator [Richard] Russell."

Nixon's Solicitor General Erwin N. Griswold later called the Pentagon Papers an example of "massive overclassification" with "no trace of a threat to the national security". The Pentagon Papers' publication had little or no effect on the ongoing war because they dealt with documents written years before publication.

After the release of the Pentagon Papers, Goldwater said:

During the campaign, President Johnson kept reiterating that he would never send American boys to fight in Vietnam. As I say, he knew at the time that American boys were going to be sent. In fact, I knew about ten days before the Republican Convention. You see I was being called a trigger-happy, warmonger, bomb happy, and all the time Johnson was saying, he would never send American boys, I knew damn well he would.

Senator Birch Bayh, who thought the publishing of the Pentagon Papers was justified, said:

The existence of these documents, and the fact that they said one thing and the people were led to believe something else, is a reason we have a credibility gap today, the reason people don't believe the government. This is the same thing that's been going on over the last two-and-a-half years of this administration. There is a difference between what the President says and what the government actually does, and I have confidence that they are going to make the right decision, if they have all the facts.

Les Gelb reflected in 2018 that many people have misunderstood the most important lessons of the Pentagon Papers:

... my first instinct was that if they just hit the papers, people would think this was the definitive history of the war, which they were not, and that people would, would think it was all about lying, rather than beliefs. And look, because we'd never learned that darn lesson about believing our way into these wars, we went into Afghanistan and we went into Iraq... You know, we get involved in these wars and we don't know a damn thing about those countries, the culture, the history, the politics, people on top and even down below. And, my heavens, these are not wars like World War II and World War I, where you have battalions fighting battalions. These are wars that depend on knowledge of who the people are, with the culture is like. And we jumped into them without knowing. That's the damned essential message of the Pentagon Papers.

Full release in 2011

On May 4, 2011, the National Archives and Records Administration announced that the papers would be declassified and released to the Richard Nixon Presidential Library and Museum in Yorba Linda, California, on June 13, 2011. The release date included the Nixon, Kennedy, and Johnson Libraries and the Archives office in College Park, Maryland.

The full release was coordinated by the Archives's National Declassification Center (NDC) as a special project to mark the anniversary of the report. There were still eleven words that the agencies having classification control over the material wanted to redact, and the NDC worked with them, successfully, to prevent that redaction. It is unknown which 11 words were at issue and the government has declined requests to identify them, but the issue was made moot when it was pointed out that those words had already been made public, in a version of the documents released by the House Armed Services Committee in 1972.

The Archives released each volume of the Pentagon Papers as a separate PDF file, available on their website.

In films and television

Films

Television

  • The Pentagon Papers, Daniel Ellsberg and The Times. PBS. October 4, 2010. Archived from the original on August 28, 2008. "On September 13, 2010, The New York Times Community Affairs Department and POV presented a panel discussion on the Pentagon Papers, Daniel Ellsberg, and the Times. The conversation, featuring Daniel Ellsberg, Max Frankel, former The New York Times executive editor, and Adam Liptak, The New York Times Supreme Court reporter, was moderated by Jill Abramson, managing editor of The New York Times" and former Washington bureau chief, marking the 35th anniversary of the Supreme Court ruling.
  • Daniel Ellsberg: Secrets – Vietnam and the Pentagon Papers. University of California Television (UCTV). August 7, 2008. Archived from the original on November 14, 2021. "In 1971 Defense Department analyst, former U.S. Marine company commander and anti-Communist Daniel Ellsberg leaked the Pentagon Papers to the media. In this talk, Ellsberg presents an explosive inside account of how and why he helped bring an end to the Vietnam War and Richard Nixon's presidency. He also talks about the current potential for war with Iraq and why he feels that would be a major mistake for the United States." Series: Voices [1/2003] [Public Affairs] [Humanities] [Show ID: 7033]"

Freedom of the press in the United States

From Wikipedia, the free encyclopedia

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.

Nevertheless, freedom of the press in the United States is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers, barriers to information access and constraints caused by public and government hostility to journalists.

History

Thirteen Colonies

In the Thirteen Colonies before the signing of the Declaration of Independence, the media was subject to a series of regulations. British authorities attempted to prohibit the publication and circulation of information of which they did not approve.

One of the earliest cases concerning freedom of the press occurred in 1734. In a libel case against The New York Weekly Journal publisher John Peter Zenger by British governor William Cosby, Zenger was acquitted and the publication continued until 1751. At that time, there were only two newspapers in New York City and the second was not critical of Cosby's government.

U.S. Constitution

The First Amendment permits information, ideas and opinions without interference, constraint or prosecution by the government. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

Early federal laws

In 1798, eleven years after adoption of the Constitution and seven years after ratification of the First Amendment, the governing Federalist Party attempted to stifle criticism with the Alien and Sedition Acts. According to the Sedition Act, criticism of Congress or the president (but not the vice-president) was a crime; Thomas Jefferson, a Democratic-Republican, was vice-president when the act was passed. These restrictions on the press were very unpopular, leading to the party's reduction to minority status after 1801, and eventual dissolution in 1824. Jefferson, who vehemently opposed the acts, was elected president in 1800 and pardoned most of those convicted under them. In his March 4, 1801 inaugural address, he reiterated his longstanding commitment to freedom of speech and of the press: "If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it."

19th century

In mid-August 1861, four New York City newspapers (the New York Daily News, The Journal of Commerce, the Day Book and the New York Freeman’s Journal) were given a presentment by a U.S. Circuit Court grand jury for "frequently encouraging the rebels by expressions of sympathy and agreement". This began a series of federal prosecutions during the Civil War of northern U.S. newspapers which expressed sympathy for Southern causes or criticized the Lincoln administration. Lists of "peace newspapers", published in protest by the New York Daily News, were used to plan retributions. The Bangor Democrat in Maine, was one of these newspapers; assailants believed part of a covert Federal raid destroyed the press and set the building ablaze. These actions followed executive orders issued by President Abraham Lincoln; his August 7, 1861 order made it illegal (punishable by death) to conduct "correspondence with" or give "intelligence to the enemy, either directly or indirectly".

20th century

World War I

The Espionage Act of 1917 and the Sedition Act of 1918, which amended it, imposed restrictions on the press during wartime. The acts imposed a fine of $10,000 and up to 20 years' imprisonment for those publishing "... disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag ..." In Schenck v. United States (1919) the Supreme Court upheld the laws, setting the "clear and present danger" standard. Brandenburg v. Ohio (1969) revised the clear-and-present-danger test to the significantly less-restrictive "imminent lawless action" test.

Near v. Minnesota

The 1931 U.S. Supreme Court decision Near v. Minnesota recognized freedom of the press by roundly rejecting prior restraints on publication, a principle that applied to free speech generally in subsequent jurisprudence. The court ruled that a Minnesota law targeting publishers of malicious or scandalous newspapers violated the First Amendment (as applied through the Fourteenth Amendment).

Branzburg v. Hayes

Freedom of the press was described in 1972's Branzburg v. Hayes as "a fundamental personal right", not confined to newspapers and periodicals. In Lovell v. City of Griffin (1938), Chief Justice Charles Evans Hughes defined the press as "every sort of publication which affords a vehicle of information and opinion." This right has been extended to newspapers, books, plays, movies, and video games.

Associated Press v. United States

Associated Press v. United States (1945) dealt with media cooperation and consolidation. The court held that the AP violated the Sherman Antitrust Act by prohibiting the sale or proliferation of news to nonmember organizations and keeping nonmembers from joining; the AP bylaws constituted restraint of trade, and the fact that AP had not achieved a monopoly was irrelevant. The First Amendment did not excuse newspapers from the Sherman Antitrust Act. News, traded between states, counts as interstate commerce and is subject to the act. Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests (326 U.S. 20). Justice Hugo Black wrote, "The First Amendment ... rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public ... Freedom to publish is guaranteed by the Constitution, but freedom to combine to keep others from publishing is not".

New York Times Co. v. Sullivan

In New York Times Co. v. Sullivan (1964), the Supreme Court ruled that when a publication involves a public figure, to support a suit for libel the plaintiff bears the burden of proving that the publisher acted with actual malice: knew of the inaccuracy of the statement or acted with reckless disregard of its truth.

Greenbelt Cooperative Publishing Association, Inc. v. Bresler

In 1970, the U.S. Supreme Court ruled that a news organization couldn't be sued over the use of "rhetorical hyperbole". The usage in question was when quoting eyewitnesses, but the court ruled that, even if it hadn't, to call it libel "would subvert the most fundamental meaning of a free press".

New York Times Co. v. United States

In 1971, the Supreme Court upheld the publication of the Pentagon Papers.

Hazelwood v. Kuhlmeier

In Hazelwood v. Kuhlmeier (1988), the Supreme Court upheld the right of a school principal to review (and suppress) controversial articles in a school newspaper funded by the school and published in its name.

21st century

Although it had been uncertain whether people who blog or use other social media are journalists entitled to protection by media shield laws, they are protected by the Free Speech and Free Press Clauses (neither of which differentiates between media businesses and nonprofessional speakers). This is further supported by the Supreme Court, which has refused to grant increased First Amendment protection to institutional media over other speakers; In a case involving campaign finance laws, the court rejected the "suggestion that communication by corporate members of the institutional press is entitled to greater constitutional protection than the same communication by" non-institutional-press businesses.

In United States v. Manning (2013), Chelsea Manning was found guilty of six counts of espionage for furnishing classified information to WikiLeaks.

Stop Online Piracy Act

On October 26, 2011 the Stop Online Piracy Act, which opponents said would threaten free speech and censor the Internet, was introduced to the U.S. House of Representatives. White House Press Secretary Jay Carney said that President Obama "[would] not support legislation that reduces freedom of expression." The bill was shelved in 2012 after widespread protests.

Obsidian Finance Group, LLC v. Cox

On 2014, blogger Crystal Cox accused Obsidian and Kevin D. Padrick of corrupt and fraudulent conduct. Although the court dismissed most of Cox's blog posts as opinion, it found one post to be more factual in its assertions (and, therefore, defamatory).

It was ruled for the first time, by the Court of Appeals for the Ninth Circuit, that a blogger is entitled to the same free speech protection as a journalist and cannot be liable for defamation unless the blogger acted negligently. In the decision, journalists and bloggers are equally protected under the First Amendment because the "protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others' writings, or tried to get both sides of a story."

Ranking of United States press freedom

In 2018, the U.S. ranked 45th in the Reporters Without Borders Press Freedom Index. This is an overall measure of freedom available to the press, including a range of factors including government censorship, control over journalistic access, and whistleblower protections. The U.S.'s ranking fell from 20th in 2010 to 49th in 2015, before recovering to 41st in 2016.

According to Reporters Without Borders the United States ranks behind most other Western nations for press freedom, but ahead of most Asian, African and South American countries.

Freedom House, a US-based independent watchdog organization, ranked the United States 30th out of 197 countries in press freedom in 2014. Its report praised the constitutional protections given American journalists and criticized authorities for placing undue limits on investigative reporting in the name of national security. Freedom House gives countries a score out of 100, with 0 the most free and 100 the least free. The score is broken down into three separately-weighted categories: legal (out of 30), political (out of 40) and economic (out of 30). The United States scored 6, 10, and 5, respectively, that year for a cumulative score of 21.

U.S. Press Freedom Tracker

U.S. Press Freedom Tracker
U.S. Press Freedom Tracker - screenshot of home page for Infobox website.png
Type of businessPress freedom advocates
Type of site
Data gathering and reporting
Founded2017
Country of originUnited States
EditorKirstin McCudden, Managing editor
IndustryJournalism
URLpressfreedomtracker.us

The U.S. Press Freedom Tracker documents press freedom violations in the United States.

The tracker was founded in 2017 and was developed from funds donated by the Committee to Protect Journalists. It is led by the Freedom of the Press Foundation and a group of organizations. Its purpose is "to provide reliable, easy-to-access information on the number of press freedom violations in the United States - from journalists facing chargers to reporters stopped at the U.S. border or asked to hand over their electronics."

The database is supported by a steering committee of Committee to Protect Journalists and twenty press freedom groups. It was developed to document the increasing rate of assaults, seizures of equipment, arrests, and stops at the border. It tracks the type of law enforcement—local, state, and the National Guard—and the nationality of the journalists. The tracker is maintained and findings are published by Bellingcat.

 

The comic cries of climate apocalypse — 50 years of spurious scaremongering

The recent UN climate summit in Glasgow was predictably branded our “last chance” to tackle the “climate catastrophe” and “save humanity.” Like many others, US climate envoy John Kerry warned us that we have only nine years left to avert most of “catastrophic” global warming.

But almost every climate summit has been branded the last chance. Setting artificial deadlines to get attention is one of the most common environmental tactics. We have actually been told for the past half-century that time has just about run out.

This message is not only spectacularly wrong but leads to panic and poor policies.

Two years ago, Britain’s Prince Charles announced that we had just 18 months left to fix climate change. This wasn’t his first attempt at deadline-setting. Ten years earlier, he told an audience that he “had calculated that we have just 96 months left to save the world.”

In 2004, a major UK newspaper told us that without drastic action, climate change would destroy civilization by 2020. By that time, it foretold, major European cities would be sunk beneath rising seas, Britain would be plunged into a “Siberian” climate as the Gulf Stream shut down and mega-droughts and famines would lead to widespread rioting and nuclear war. Not quite what happened last year.

And these predictions have been failing for decades. In 1989, the head of the UN’s Environment Program declared we had just three years to “win — or lose — the climate struggle.” In 1982, the UN was predicting planetary “devastation as complete, as irreversible as any nuclear holocaust” by the year 2000. Indeed, at the very first UN environment summit in Stockholm in 1972, almost 50 years ago, the organizer and later first UN Environment Program director warned that we had just 10 years to avoid catastrophe.

In 1972, the world was also rocked by the first global environmental scare, the so-called “Limits to Growth” report. The authors predicted with great confidence that most natural resources would run out within a few decades while pollution would overpower humanity. At the time, Time magazine described the future as a desolate world with few gaunt survivors tilling freeway center strips, hoping to raise a subsistence crop. Life magazine expected “urban dwellers will have to wear gas masks to survive air pollution” by the mid-1980s.

The scares were, of course, spectacularly misguided on both counts. They got it wrong because they overlooked the greatest resource of all, human ingenuity. We don’t just use up resources but innovate ever-smarter ways of making resources more available. At the same time, technology solves many of the most persistent pollution problems, as did the catalytic converter. This is why air pollution in rich countries has been declining for decades.

Nonetheless, after 50 years of stunningly incorrect predictions, climate campaigners, journalists and politicians still hawk an immediate apocalypse to great acclaim.

They do so by repeatedly ignoring adaptation. Headlines telling you that sea-level rise could drown 187 million people by the end of the century are foolishly ignorant. They imagine that hundreds of millions of people will remain stationary while the waters lap over their calves, hips, chests and eventually mouths. More seriously, they absurdly assume that no nation will build any sea defenses. In the real world, ever-wealthier nations will adapt and protect their citizens ever better, leading to less flooding, while surprisingly spending an ever-lower share of their GDP on flood and protection costs.

Likewise, when activists tell you that climate change will make children face twice as much fire, they rely on computer models that include temperature but ignore humans. Real societies adapt and reduce fire because fires are costly. That is why global fire statistics show less burned area, not more, over the past 120 years. Perhaps not too surprisingly, the activists’ models even get the past wrong, but when has that ever stopped the righteous?

These unsubstantiated scares have real-world consequences. An academic study of young people around the world found that most suffer from “eco-anxiety,” with two-thirds scared and sad, while almost half say their worries affect their daily lives. It is irresponsible to scare youths witless when in reality the UN Climate Panel finds that even if we do nothing to mitigate climate change, the impact by the end of the century will be a reduction of an average income increase from 450 percent to 438 percent — a problem but hardly the end of the world.

Moreover, panic is a terrible policy-adviser. Activist politicians in the rich world are tinkering around the edges of addressing climate change, showering subsidies over expensive vanity projects such as electric cars, solar and wind, while the UN finds that it can’t identify an actual impact on emissions from the last decade of climate promulgations. Despite their grandiose statements of saving the world, 78 percent of rich countries’ energy still comes from fossil fuels. And as the Glasgow climate summit showed (for the 26th time), developing nations — whose emissions over the rest of this century matter most — cannot afford to similarly spend trillions on ineffective climate policies as they help their populations escape poverty.

Fifty years of panic clearly haven’t brought us anywhere near solving climate change. We need a smarter approach: one that stops scaring everyone and focuses on realistic solutions such as adaptation and innovation. Adaptation won’t make the entire cost of climate change vanish, but it will reduce it dramatically. And by funding the innovation needed to eventually make clean energy cheaper than fossil fuels, we can allow everyone — including developing countries — to sustainably go green.

Bjorn Lomborg is president of the Copenhagen Consensus and visiting fellow at Stanford University’s Hoover Institution. His latest book is “False Alarm: How Climate Change Panic Costs Us Trillions, Hurts the Poor, and Fails to Fix the Planet.”

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