Freedom Of Speech

"It is unlawful to reproduce or distribute someone else's copyrighted work without that person's authorization. Indeed, courts have entered numerous permanent injunctions and awarded statutory damages and attorneys' fees regarding infringement of these and similar works. … preserve any and all documents pertaining to this matter...including, but not limited to, logs, data entry sheets, applications - electronic or otherwise, registrations forms, billings statements or invoices, computer print-outs, disks, hard drives, etc."

"Wikileaks' silencing was sought by antidemocratic governments worldwide - including China, whose censors work mightily to block all access to the site. Wikileaks' plug was pulled, ironically, (not in China) but by a federal judge in San Francisco."

"If Wikileaks were a print publication, the injunction would be unthinkable. … What distinguishes this case is that the allegedly intolerable materials were published on the Internet instead of on paper. But that's a poor reason to abandon the principles that protect those who want to publish -- as well as those who want to read. Censorship is censorship, no matter the medium."

"It wasn't our intention to shut down the Web site. Our intention was to remove the documents."

"A young man in Australia, a long, long time ago, well before we ever knew about WikiLeaks, had an idea: the idea of using Big Brother’s technology to create a large digital kind of mirror to turn to the face of Big Brother so as to enable us to be able to watch him watching us — a bit like turning the mirror to the face of the Medusa. WikiLeaks is based on that idea... WikiLeaks and Julian, as we know, have been persecuted for revealing to the world, especially to liberals, Democrats, Tories, social democrats — revealing to them the crimes against humanity perpetrated by our own elected leaders, in our name, behind our backs."

"We're very pleased that Judge White recognized the serious constitutional concerns raised by his earlier orders. Attempting to interfere with the operation of an entire website because you have a dispute over some of its content is never the right approach. Disabling access to an Internet domain in an effort to prevent the world from accessing a handful of widely-discussed documents is not only unconstitutional it simply won't work."

"[Wikileaks] could become as important a journalistic tool as the Freedom of Information Act."

"Under established First Amendment law, prior restraints, if constitutional at all, are permissible only in the most extraordinary circumstances. In this case, you have court orders that effectively shut down a Web site that has been at the forefront of exposing corruption in governments and corporations around the world and enjoin anyone who reads the order from publishing or even linking to the documents."

"I do think that at the moment, Wikileaks is the absolute most important project on the globe."

"Anonymous leaking is an ancient art and many websites publish documents from sources they cannot identify. What Wikileaks has done is to professionalise the operation. They have created a standard procedure for receiving, processing and publishing leaks."

"I'm really quite surprised at Wikileaks' success. They've done a lot of interesting stuff. It seems people are prepared to take the risk."

"We live in a world of secrecy by government, corporations and other institutions which don't want the accountability that comes from transparency. The minute you shine a bright light on their activities, the ethical standards by which they act will rise.""

"Wikileaks is becoming, as planned, although unexpectedly early, an international movement of people who facilitate ethical leaking and open government."

"The Trump administration is seeking extradition of WikiLeaks founder Julian Assange to the United States for trial on charges carrying 175 years in prison... The treaty between the U.S. and the U.K. prohibits extradition for a “political offense.” Assange was indicted for exposing U.S. war crimes in Iraq and Afghanistan. That is a classic political offense. Moreover, Assange’s extradition would violate the legal prohibition against sending a person to a country where he is in danger of being tortured."

"I was in Kabul a decade ago when WikiLeaks released a massive tranche of US government documents about the conflicts in Afghanistan, Iraq and Yemen. On the day of the release, I was arranging by phone to meet an American official... He was intensely interested and asked me what was known about the degree of classification of the files. When I told him, he said in a relieved tone: “No real secrets, then.” ...I asked him why he was so dismissive of the revelations that were causing such uproar in the world. He explained that the US government was not so naive that it did not realise that making these documents available to such a wide range of civilian and military officials meant that they were likely to leak. Any information really damaging to US security had been weeded out... he said: “We are not going to learn the biggest secrets from WikiLeaks because these have already been leaked by the White House, Pentagon or State Department.” ...However, it was the friendly US official and I who were being naive, forgetting that the real purpose of state secrecy is to enable governments to establish their own self-interested and often mendacious version of the truth by the careful selection of “facts” to be passed on to the public. They feel enraged by any revelation of what they really know, or by any alternative source of information. Such threats to their control of the news agenda must be suppressed where possible and, where not, those responsible must be pursued and punished."

"The real purpose of state secrecy is to enable governments to establish their own self-interested and often mendacious version of the truth by the careful selection of “facts” to be passed on to the public. They feel enraged by any revelation of what they really know, or by any alternative source of information. Such threats to their control of the news agenda must be suppressed where possible and, where not, those responsible must be pursued and punished. Revealing important information about the Yemen war – in which at least 70,000 people have been killed – is the reason why the US government is persecuting both Assange and Zikry."

"WikiLeaks... published nearly 400,000 field reports about the Iraq War, which contained evidence of U.S. war crimes, over 15,000 previously unreported deaths of Iraqi civilians, and the systematic murder, torture, rape and abuse by the Iraqi army and authorities that were ignored by U.S. forces. In addition, WikiLeaks published the Guantánamo Files, 779 secret reports that revealed the U.S. government’s systematic violation of the Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, by abusing nearly 800 men and boys, ages 14 to 89. One of the most notorious releases by WikiLeaks was the 2007 “Collateral Murder” video, which showed a U.S. Army Apache helicopter target and fire on unarmed civilians in Baghdad. More than 12 civilians were killed, including two Reuters reporters and a man who came to rescue the wounded. Two children were injured. Then a U.S. Army tank drove over one of the bodies, severing it in half. Those acts constitute three separate war crimes prohibited by the Geneva Conventions and the U.S. Army Field Manual."

"We welcome everyone here to the hearing. In the Texas v. Johnson case in 1989, the Supreme Court set forth one of the fundamental principles of our democracy. That is, that if there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. That was Justice William Brennan."

"Today the Committee will consider the WikiLeaks matter. The case is complicated, obviously. It involves possible questions of national security, and no doubt important subjects of international relations, and war and peace. But fundamentally, the Brennan observation should be instructive."

"As an initial matter, there is no doubt that WikiLeaks is in an unpopular position right now. Many feel their publication was offensive. But unpopularity is not a crime, and publishing offensive information isn't either. And the repeated calls from Members of Congress, the government, journalists, and other experts crying out for criminal prosecutions or other extreme measures cause me some consternation."

"Indeed, when everyone in this town is joined together calling for someone's head, it is a pretty sure sign that we might want to slow down and take a closer look... I find myself agreeing with those who think Assange is being unduly vilified. I certainly do not support or like his disclosure of secrets... But as all the handwringing over the 1917 Espionage Act shows, it is not obvious what law he has violated."

"Our country was founded on the belief that speech is sacrosanct, and that the answer to bad speech is not censorship or prosecution, but more speech. And so whatever one thinks about this controversy, it is clear that prosecuting WikiLeaks would raise the most fundamental questions about freedom of speech about who is a journalist and about what the public can know about the actions of their own government."

"Indeed, while there's agreement that sometimes secrecy is necessary, the real problem today is not too little secrecy, but too much secrecy... Furthermore, we are too quick to accept government claims that risk the national security..."

"It's not very often a federal judge does a 180 degree turn in a case and dissolves an order. But we're very pleased the judge recognized the constitutional implications in this prior restraint."

"Blocking access to the entire site in response to a few documents posted there completely disregards the public's right to know."

"While journalists should view Wikileaks with some skepticism, it cannot be ignored. Welcome to the brave new world of investigative reporting."

"Several weeks ago, I wrote about the steps taken by the US government to pressure large corporations to choke off the finances and other means of support for WikiLeaks in retaliation for the group's exposure of substantial government deceit, wrongdoing and illegality. Because WikiLeaks has never been charged with, let alone convicted of, any crime, I wrote: "that the US government largely succeeded in using extra-legal and extra-judicial means to cripple an adverse journalistic outlet is a truly consequential episode.""

"I disclosed that I had been involved in discussions "regarding the formation of a new organization designed to support independent journalists and groups such as WikiLeaks under attack by the US and other governments."... Its name is Freedom of the Press Foundation...The primary impetus for the formation of this group was to block the US government from ever again being able to attack and suffocate an independent journalistic enterprise the way it did with WikiLeaks. Government pressure and the eager compliance of large financial corporations (such as Visa, Master Card, Bank of America, etc.) has - by design - made it extremely difficult for anyone to donate to WikiLeaks, while many people are simply afraid to directly support the group (for reasons I explained here)."

"A brown paper envelope for the digital age, Wikileaks.org is now home to more than 1m documents that governments and big business would rather the public did not see. The site – similar to Wikipedia in style, but otherwise independent of it – serves as an uncensorable and untraceable depository for the truth, able to publish documents that the courts may prevent newspapers and broadcasters from being able to touch."

"The people supporting free speech now are the conservatives. It’s incomprehensible to me, but it’s the so-called liberals on campus, the students who think of themselves as activists, who are becoming increasingly authoritarian. So I’m trying to step carefully. It’s not like you want to make certain allies, particularly the men’s rights people."

"There's no fine line between "free speech" and "hate speech": Free speech is hate speech; it's for the speech you hate – and for all your speech that the other guy hates. If you don't have free speech, then you can't have an honest discussion."

"I realise that, every time we talk about activity of those people, there will be always 'Yes, it is freedom of speech, but-' and the turning point is 'but'. Why do we still say 'but', when we– [gunfire]"

"We hear everywhere about this false trade-off between freedom of speech and freedom of religion, as though there were some kind of balance to be struck here. There is no balance to be struck. Freedom of speech never infringes on freedom of religion. There is nothing I can say in this podcast about religion in general, or about Islam in particular, that would infringe upon someone else's freedom to practice his or her religion. If your freedom of religion entails that you force those who do not share it to conform to it, well that's not freedom of religion; we have a word for that – that's theocracy. This respect that we are all urged to show for "religious sensitivity" is actually a demand that the blasphemy laws of Islam be followed by non-muslims."

"We have to uphold a free press and freedom of speech -- because, in the end, lies and misinformation are no match for the truth."

"Reprehensible ideas don’t disappear if you make them illegal, by driving them under the carpet you might feed them, or make them taboo ... I’d rather know the racist in the room."

"In American democracy, this free speech plays two vital roles. The first is well recognized. It is to shape public opinion and to influence elections that, in turn, determine the social climate and steer government. We cherish "the marketplace of ideas" because (we assume) it allows us, through give and take, to arrive at better ideas and to grope our way toward consensus on hard issues.Free speech's second function is less understood. It buttresses the political system's legitimacy. It helps losers, in the struggle for public opinion and electoral success, to accept their fates. It helps keep them loyal to the system, even though it has disappointed them. They will accept the outcomes, because they believe they've had a fair opportunity to express and advance their views. There's always the next election. Free speech underpins our larger concept of freedom."

"Free speech is not speech you agree with, uttered by someone you admire. It's speech that you find stupid, selfish, dangerous, uninformed or threatening, spoken and sponsored by someone you despise, fear or ridicule. Free speech is unpopular, contentious and sometimes ugly. It reflects a tolerance for differences. If everyone agreed on all things, we wouldn't need it."

"Freedom of expression is a very essential condition for me to make any art. Also, it is an essential value for my life. I have to protect this right and also to fight for the possibility."

"Free speech is meaningless if the commercial cacophony has risen to the point where no one can hear you."

"The west has fiscalised its basic power relationships through a web of contracts, loans, shareholdings, bank holdings and so on. In such an environment it is easy for speech to be "free" because a change in political will rarely leads to any change in these basic instruments. Western speech, as something that rarely has any effect on power, is, like badgers and birds, free."

"Every important freedom that Western individuals possess rests on free expression. We observe what is wrong, and we say what is wrong, in order that it may be corrected. This is the message of the Enlightenment, the rational process that developed today's Western values: Go. Inquire. Ask. Find out. Dare to know. Don't be afraid of what you'll find. Knowledge is better than superstition, blind belief, and dogma. If you cannot voice — or even consider — criticism, then you will never see what is wrong. You cannot solve a problem unless you identify its source."

"Free speech is the bedrock of liberty and a free society. And yes, it includes the right to blaspheme and offend."

"When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful."

"Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. [...] The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. [...] By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each."

"America is well on its way to making it illegal to say anything nasty about gays, Jews, blacks and women. “Hate speech,” far short of any direct incitement to violence, is on the edge of being criminalized, with the First Amendment gone the way of the dodo."

"Countries that censor news and information must recognize that from an economic standpoint, there is no distinction between censoring political speech and commercial speech. If businesses in your nations are denied access to either type of information, it will inevitably impact on growth."

"We believe that a key part of combating extremism is preventing recruitment by disrupting the underlying ideologies that drive people to commit acts of violence. That's why we support a variety of counterspeech efforts."

"As a conservative who believes in limited government, I believe the only check on government power in real time is a free and independent press. A free press ensures the flow of information to the public, and let me say, during a time when the role of government in our lives and in our enterprises seems to grow every day--both at home and abroad--ensuring the vitality of a free and independent press is more important than ever."

"Regardless of all of the ways that the media have changed in recent years, one thing that will never go out of style in America is the ability of a free press to keep the public accurately and honestly informed about its government."

"Under our First Amendment, a censorship law would have to be written in broad general language and could not be directed at specific religious, ethnic, racial, or political groups. Any such law could be misused by politicians to censor their political enemies or other "undesirable" groups."