Contextualizing the Pentagon Papers Publication with Todd Gitlin, Steve Wasserman, and David Rudenstine

In a talk following the March 3 performance of Top Secret, Professor Todd Gitlin of Columbia and Steve Wasserman of NYU’s NY Institute for the Humanities, built on the themes discussed in the below post regarding seeing the publication of the Pentagon Papers as an act of courage or protest.

In the talk, Wasserman tied the publication of the papers by the New York Times and the Washington Post to the larger acts of protest going on against the Vietnam War at the time, including prior publication of leaked documents and information by more radical “alternative” presses against which, Wasserman theorized, the Times and the Post were in competition to break news of the stories behind the war.  Wasserman described this spirit of protest as a “tide that lifted all boats,” leading to the Times and Post‘s publication.

Gitlin went further, contextualizing Ellsberg’s leaking of the Papers and the Times and the Post‘s acts of publication, not only within the anti-war movement, but within the larger spirit of protest that captured the nation and inspired many of its journalists throughout the 1960s and 70s. Gitlin tied the spark of this protest spirit to the civil rights movement, through which many Americans saw a rupture between what they saw on the ground and  information they received from the government and authorities — a rupture that permitted them to challenge the received information and authority.

For more, check out Gitlin’s book The Sixties: Years of Hope, Days of Rage and listen to the audio of the March 3 talkback, which also features commentary on the court system and behind-the-scenes stories about the Pentagon Papers case from David Rudenstine, Sheldon H. Solow Professor at Cardozo Law School and author of The Day the Presses Stopped, a definitive and highly-detailed history of the Pentagon Papers case.

Audio Recording of 3.3.2010 Discussion Now Available:

Audio: Top Secret 03.03.10 Wasserman, Gitlin, Rudenstine Panel Discussion

Pentagon Papers Publication as Protest and the Changed Spirit Today

Panelists at two recent TOP SECRET TALKS events reflected on how the events depicted in Top Secret required what they saw as acts of courage by the Washington Post leaders depicted in the show, commenting that perhaps this same courage was less common among the press and the public today.  Tracing this theme back to the originator of the leaked Pentagon Papers, Daniel Ellsberg, and the process by which he decided to leak the Papers perhaps helps explain the changing times.  What do you think?

UPDATE: Audio Recording of 2.28.2010 and 3.2.2010 Discussions Now Available:

Audio: Top Secret 02.28.10 Schell Panel Discussion

Audio: Top Secret 03.02.10 Panel Discussion with Top Secret Cast

Following the Feb. 28th performance, brothers Orville and Jonathan Schell drew on their deep knowledge of journalism to reflect on the unique story told in the show. First, Jonathan Schell noted that, to him, the Post‘s publication of the Papers resulted from decisions by a series of courageous individuals starting with the front line reporters:  When faced with the possibility that the Post would decline to publish the Papers story, senior reporter Chal Roberts threatened to resign.  This threat inspired a similar one from editor Ben Bradlee, and both threats were communicated to the Post‘s publisher Katharine Graham, which Schell saw as helping to catalyze her own display of courage in ordering the paper to publish.

Orville Schell noted several structural factors that made it harder for reporters today to exercise such independent acts of protest. Citing what he called the failure of the competitive market in journalism, Orville Schell noted that a resignation threat from most journalists today would ring false.  Few papers today have a single person (like Graham) at the helm to whom a reporter, even one making a resignation threat could appeal, since the chain of command at most papers is now more diffuse.

In addition to these structural factors, however, Orville cited a decline a certain spirit of protest, wondering if perhaps young people, including younger reporters, have replaced the hope necessary for courage with a cynicism that you can’t really change anything. Noting what he perceived as a lack of critical interrogation by the media of the lead up to the Iraq War, Jonathan Schell also wondered whether it was a “feistiness” or “protest spirit” unique to the Vietnam era that allowed the events surrounding the Pentagon Papers publication to occur.

After the March 2 Top Secret performance, actor Peter Strauss, who plays Ben Bradlee in the show, expressed a similar feeling.  Strauss appeared on a panel along with other Top Secret cast members and NYTW casting director Jack Doulin.

After becoming familiar with the Post‘s story through his experiences in Top Secret, Strauss described feeling as if the press did a better job during the Pentagon Papers era challenging the government’s version of the lead-up to war.  Like the Schells, he saw the press today as having repeated the government’s version of events, rather than challenging that version, prior to the Iraq War.  In speaking about the contrasting approach of journalists, Strauss likened the courageous acts of the Post‘s journalists to the original act by Daniel Ellsberg in copying and distributing the Pentagon Papers in violation of his legal and other duties to his employers and the Defense Department.

This comment helpfully connected the threatened resignations and other decisive actions at the Post to the prior act of protest that gave journalists the opportunity to take action in the first place, Daniel Ellsberg’s illegal copying and distribution of the Pentagon Papers.  When Ellsberg pressured the reporters to whom he gave the Papers to promise they would use them:  Ellsberg was, in part, burdening the reporters to act as boldly as he did.  So what inspired Daniel Ellsberg?

In The Most Dangerous Man in America, a Pentagon Papers documentary now in theaters, Daniel Ellsberg explains that he did see his copying and distribution of the Papers as an act of protest, and traces his inspiration for that act to what he saw as personal acts of courage displayed by draft resisters.  Only after hearing one such activist describe how he was willing to go to jail to protest the war and stand up for his beliefs did Ellsberg come to grips with his own unease about the war, and begin to feel the spirit of protest deeply enough to violate the codes of secrecy that governed his career as a defense strategist.

Under this view of events, perhaps what is missing today is not merely a critical spirit of protest among journalists, but that same critical spirit among the larger public.  But Ellsberg and the Post journalists made choices to act in protest only when directly confronted with the opportunity to protest not just in the abstract, but regarding events and actions within their sphere of control.  At least under the version of events Ellsberg narrates in the current documentary, his act of protest was directly inspired by, not just a general spirit of protest, but actual acts of protest he saw in the larger public.  Without a draft, the American public –even those who may wish to protest aspects of the current war in theory — are not engaging in actual acts of individual protest today.  To those who wish to see more critical reporting from the press – what acts by the larger public might help inspire more activist reporting?

Shrum, Cowan, Stephens Discuss Journalism about Government Secrets at First TOP SECRET TALKS Post-show Event 2/25

Following Top Secret‘s second preview performance on February 25, USC Annenberg’s Center on Communication Leadership & Policy presented the first in what will be a twelve-part discussion series regarding the contemporary questions raised by the play.

UPDATE: Audio Recording of 2.25.2010 Discussion Now Available:

Top Secret 02.25.10 Cowan, Shrum, Stephens Panel Discussion

This February 25th talk featured a lively discussion between Top Secret playwright, Geoffrey Cowan, who is a former Dean of USC Annenberg’s School of Communication and former director of Voice of America and Mitchell Stephens, professor of journalism and communication at NYU’s Arthur L. Carter Journalism Institute, and author of, among other things, A History of News.  The discussion was moderated by Robert Shrum, veteran political consultant and author of No Excuses: Concessions of a Serial Campaigner.  Shrum is now a Senior Fellow at NYU’s Robert F. Wagner Graduate School of Public Service, which co-hosted the talk.

Shrum started off the discussion by noting that publication of the Pentagon Papers, and the Watergate scandal that soon followed, ushered in an era in American culture defined by a “presumption against secrecy,” during which the American public expected that most information about government operations would be publicly available.  Given the events of 9/11 and our current war on terrorism, Shrum asked, has that “presumption against secrecy” and any corresponding openness in government eroded today?

Cowan agreed that threats of terrorism and other factors may be eroding this presumption, citing the the Obama administration’s recent actions in first agreeing and then declining to release so-called “torture photos” sought by the ACLU.  The administration was criticized for appearing to “go back on” initial promises of increased transparency when it later supported Congress’s efforts to tighten the federal FOIA law to avoid any requirement to disclose the materials.  Cowan noted, however, that a pull toward secrecy shouldn’t be associated with any particular administration, but rather is a natural tendency of those in power.

Shrum turned the discussion to a question brought into sharp focus by the events of Top Secret: whether and when journalists’ efforts to break through government secrecy can actually threaten national security.

Cowan and Stephens’ opinions here converged regarding whether journalism often poses a real threat to national security — concluding not  — but presented possibly differing interpretations on why that might be the case.  Despite the alleged national security threat posed by publication of the Pentagon Papers, Cowan and Stephens agreed that almost no historical examples easily came to mind of stories published by the US press that actually caused a severe threat to national security.

In reflecting on this lack of examples, Cowan emphasized the possibility that journalists do often break stories that include secret or security-related information, but may find reporting tactics that make their stories less threatening such as voluntary withholding of stories until information is less threatening and sensitive reporting that reveals information only to the extent necessary to tell the story.  As examples, Cowan pointed to the 2005 New York Times series that exposed the NSA’s involvement in a secret wiretapping program, which revealed this confidential program, but was held by the Times for over a year before its release, and to Dana Priest’s series on CIA “black sites,” which included sufficient detail on this program to influence public opinion while withholding the names of the particular countries involved.

The continued possibility for this kind of reporting was called into question by one audience member who, reacting to the dramatization of editorial and publisher’s discretion displayed in Top Secret, asked whether that kind of “curating” of journalism would be continued on blogs and other non-traditional media sources.  The panelists noted that online media, while breaking some stories about politicians’ personal lives, also had yet to break a truly threatening national security story.  When they have the chance, will they employ some of the tactics Cowan identified?

Stephens saw the lack of news stories threatening national security not as a sign of sophisticated reporting, but instead as a possible indication of timidity in the press about uncovering and disclosing government secrets.  Stephens noted that very few articles in this list of the Top 100 Works of Journalism included revelations of or inquiry about government secrecy, and asked whether this may be because the press behaves too conservatively in the face of possibly secret information.

Shrum saw echoes of these concerns in the recent coverage of the lead-up to the Iraq war in which selectively leaked information painted a certain picture about the existence of weapons of mass destruction in Iraq, a picture which was not generally questioned in the media.

For Stephens, the theme of Top Secret was best embodied by a line said by H.R. Haldeman in the play’s second scene regarding the Pentagon Papers publication (a line actually said by Haldeman and recorded on Nixon’s White House taping system): “For the ordinary guy, all of this is a bunch of gobbledygook. But out of the gobbledygook comes a very clear thing, which is: You can‘t trust the government, you can‘t believe what they say and you can‘t rely on their judgment.”  To Stephens, the story of the Pentagon Papers “is a story about government cynicism.”  The material in the papers taught the reporters and then the public at that time to be cynical, and therefore, more challenging and critical of government, something which Stephens does not see as often today.

Stephens calls on the media to err on the side of challenging the government’s version of events.  In slight contrast, Cowan’s recent examples of reporting that discloses secret programs in a manner that is sensitive to national security concerns implies that good journalism can often result from some trust and cooperation with the government.

Shrum recalled a story from the Kennedy administration when the New York Times had the Bay of Pigs story, but Kennedy officials convinced the Times not to publish.  After the invasion, according to Shrum, members of the administration said they wished the Times had published the story.  Could the Times have made a better decision at the time?  And how would a paper, or the government make this decision today?

This story and the panel as a whole highlighted the importance of a balance between government secrecy and tough inquiry and investigation by the press.  For journalists’ efforts to report sensitively to work, the press must also engage in the courageous and critical reporting Stephens seems to be looking for that will keep the government on its toes.  If the government can expect press scrutiny, it will be more likely to make decisions that would withstand such scrutiny and merit the public’s trust if revealed and when the press and the public can put some trust in the government to make such decisions, then the public can trust a sophisticated press to cooperate with the government and report sensitive information in a way that doesn’t threaten national security.

Washington Post op-ed on Press Disclosure and the Media as a Counterpoint to Government

In this op-ed in yesterday’s Washington Post, Katrina vanden Heuvel (editor of the Nation) invokes the Pentagon Papers to ask questions about the role and effectiveness of newspapers today in using government information critically, especially as a means to critique the government.  Comparing the super-structure governing the press at the time of the Pentagon Papers events to the structure of media today, she notes:

It is worth wondering whether News Corp. or Disney, Time Warner or General Electric would take the same risk that Times publisher Arther Ochs Sulzberger took with the Pentagon Papers and expose the government that taxes, regulates and monitors them.

Noting that today, a leaker of something like the Pentagon Papers could just publish such material on the web (and indeed, Pentagon Papers leaker Daniel Ellsberg has said he would do just that), vanden Heuvel asks whether the internet can do what the media might not, but has her doubts.  As she puts it:

Can the Web fix the problem? In her three-and-a-half-star review of the Ellsberg documentary, The Post’s Ann Hornaday keenly observes: ‘Contemporary Web-centric media culture, with its proliferation of voices and reigning ethic of decentralization, makes everything equally important and unimportant, with each bit and byte of information just another bee to be herded, heeded or tuned out. Had the Pentagon Papers first been published on the Web, one wonders, would they have been all the more easily marginalized or ignored?’ Indeed.

So vanden Heuvel concludes that the press may have a unique ability to get the public’s attention in a way that the web does not, and therefore calls on the press to increase its courage in challenging the government and channeling public attention.

Is vanden Heuvel correct in implying that had the Pentagon Papers been posted on the web, something would have been lost?  By leaking them to newspapers around the country, Daniel Ellsberg facilitated a media bonanza – as the courts moved to prevent one paper from publishing, the next started, leading to a rolling series of front page stories that demanded public attention over several weeks.

However, for each of those front-page stories to occur, a new newspaper had to make the decision to publish, risking legal and financial consequences (as dramatized in Top Secret).  Would the papers make the same decision today? Can non-traditional media like Talking Points Memo, the Drudge Report, or the Huffington Post command public attention as the New York Times and the Washington Post did at the time they published the Pentagon Papers?

UPDATE: vanden Heuvel continues the debate on the Nation editor’s blog here.

Ellsberg Documentary Released; Nominated for Oscar; Catch it in NYC at Cinema Village

As the latest production of Top Secret nears its March 2010 opening at New York Theatre Workshop, another retelling of the Pentagon Papers story is also hitting theaters.  The Most Dangerous Man in America, which opened at select theaters in January 2010, is a documentary focused on the story of Daniel Ellsberg, the former high-level Defense Department analyst and consultant who leaked the Pentagon Papers to newspapers around the country.

The documentary, narrated by Ellsberg, traces his personal journey from as a Marine and Vietnam strategist who becomes convinced, in part because of the material he read in the Pentagon Papers, that the Vietnam War was a mistake.  As he says in the film, Ellsberg at first felt “half a radical,” but soon realized that his special access to secret documents placed him in a unique position to act on his sense of responsibility to help end the war.

By telling the Pentagon Papers story from Ellsberg’s perspective, The Most Dangerous Man in America provides an excellent complement to Top Secret which dramatizes aspects of the same story from the perspective of the Washington Post.

On Tuesday, February 2, the Academy of Motion Picture Arts and Sciences announced the film’s nomination for Best Documentary Feature. Those seeing the New York Theatre Workshop production of Top Secret, can catch the film at Cinema Village, 22 East 12th Street, New York, NY.

NYTimes Puts Security “Hold” on News of Taliban Capture

Feb. 16’s New York Times included a front-page article (published online Feb. 15) disclosing that Pakistani and American intelligence forces had recently captured the Taliban’s top military commander, Mullah Abdul Ghani Baradar.

In the eighth paragraph of the story, the Times disclosed that its journalists obtained information on this capture on Thursday, Feb. 11, “but delayed reporting it at the request of White House officials, who contended that making it public would end a hugely successful intelligence-gathering effort.”  Speaking on NPR’s The Takeaway, Times Executive Editor Bill Keller explained that Times reporters learned of the capture from sources on the ground in Pakistan and Afghanistan last week, and were asked, when they approached the White House for comment, to hold off on disclosing the information to avoid disrupting ongoing intelligence operations.

Keller’s NPR interview audio:

In the NPR interview, Keller explained the Times‘s decisionmaking this way:

. . . [W]e get asked to withhold information, not often but from time to time sometimes it’s a no-brainer, you know we have reporters embedded in military operations — obviously they don’t file information that would put troops at risk. We’ve had other stories that were much more controversial where we decided that we would publish. This one was not, honestly, a very hard call. Obviously we were eager to break the story, it represented a lot of resourceful reporting by Mark and Dexter, but there was no obvious public interest reason to rush the story into print and you know we are responsible people; we didn’t want to compromise what sounded like a possible intelligence coup.

What does this story tell us about the events depicted in Top Secret?

Top Secret follows the behind-the-scenes decisionmaking at the Washington Post that led to the Post‘s decision to publish information and excerpts from the Pentagon Papers despite knowledge that the White House opposed such publication.  Journalists and editors who participated in the decision argued that, as seasoned journalists experienced in national security matters, they had the knowledge and judgment necessary to decide what was safe to print and when.  With the Pentagon Papers, the newspapers’ decisions conflicted with the position of the Executive Branch.  In this recent Times example, the Times arguably deferred to the White House’s additional knowledge about intelligence efforts that would be threatened by the Times‘s publication.

As Keller stated on NPR “I don’t have spies in the National Security Agency, so knowing whether publishing a story would actually put national security at risk is a harder thing for me to figure out than it would be for somebody who’s actually in the government. . . ”

However, in some cases, as with the Pentagon Papers, a newspaper may decide that its judgment as to what is safe or appropriate to publish differs from the judgment of the Executive Branch.  What factors lead to different results?  Does the decision depend on different relationships between the executive branch and the press under different administrations?  On the urgency of the public’s interest in certain information? Or merely on differences in the political environment and national security interests at stake?

Top Secret Blog Re-lauch!

Welcome to the newly-redesigned Top Secret blog!  Founded in 2007 and redesigned in 2010, this blog will report on Top Secret performances and related events and track news and policy developments tied to the themes raised by Top Secret.

News and commentary to be highlighted here will focus on government secrecy, press freedoms, classification and declassification of information, journalist ethics, and national security and the media.  Audio, interviews, and related content from Top Secret performances and discussions will also live here.  Posts on these themes from past years have been imported into this new blog format.

Top Secret will run at New York Theatre Workshop starting Feb. 24, 2010, with post-show discussions on twelve dates in February and March, starting Feb. 25.  Click here for show information and here for information on scheduled panel discussions.

New Pentagon Papers?

A recent piece in Slate (“I Want My Pentagon Papers!”) asks whether a recent New York Times article on a report by RAND Corp. regarding the Iraq war planning would be equivalent to a modern-day Pentagon papers, and questions whether the Times should release full the text of the report, and the Daily Kos asked the same question about a recent Pentagon Report that characterized the war as a ‘debacle’.

Meanwhile, the Top Secret tour wrapped up a performance at Penn State University (video), and one at the University of Pennsylvania that was met with acclaim by the Philadephia Inquirer and other outlets . The show’s final performance after its 23-city tour will be in Los Angeles this March. The issues explored by this docudrama take on an even deeper resonance as Congress debates secrecy in the reform proposals and liability implications for the nation’s wiretapping programs, as the executive enacts cuts in funding for the ombudsman position of the recently reformed FOIA system, and as presidential candidates debate ways to break the current culture of secrecy.

Fall Tour Wraps Up; Government – Press Tension Continues

The Fall 2007 tour of Top Secret, which opened in Hampton, Va., visited universities across the country, including Stanford, and concluded with a performance in Omaha, Nebraska — picking up critical acclaim along the way. Preparations for the 2008 tour are underway, and the kick-off for the second leg of the national tour will be at Wake Forest University on Jan. 17.

But as the tour closed, revelations surfaced about the New York Times, once again withholding information at the request of government officials: “The New York Times has known details of the secret program for more than three years… The newspaper agreed to delay publication of the article after considering a request from the Bush administration, which argued that premature disclosure could hurt the effort to secure the weapons…. Early this week, the White House withdrew its request that publication be withheld, though it was unwilling to discuss details of the program.”

Does this represent another example of the Times holding the story to prevent upsetting a political balance, as it has been accused of doing with the NSA wiretapping story, or is it an example, as piece author David Sanger claims, of the Times holding the story only until as long as necessary for security matters. The discussions around this and other topics will be dynamic as the 2008 tour gets underway.

Former CIA Director Hayden Addresses CFR

Secrecy News filed this report on General Hayden’s address:

Unauthorized disclosures of classified information in the press led to the imprisonment of a CIA source and other damaging consequences, said Central Intelligence Agency Director Michael Hayden in a speech last week. “Some say there is no evidence that leaks of classified information have harmed national security. As CIA Director, I’m telling you there is, and they have,” Hayden told the Council on Foreign Relations. “Let me give you just two examples:  In one case, leaks provided ammunition for a government to prosecute and imprison one of our sources, whose family was also endangered. The revelations had an immediate, chilling effect on our ability to collect against a top-priority target.” “In another, a spate of media reports cost us several promising counterterrorism and counterproliferation assets. Sources not even involved in the exposed operation lost confidence that their relationship with us could be kept secret, and they stopped reporting.” “More than one foreign service has told us that, because of public disclosures, they had to withhold intelligence that they otherwise would have shared with us. That gap in information puts Americans at risk.” “Those who are entrusted with America’s secrets and break that trust by divulging those secrets are guilty of a crime. But those who seek such information and then choose to publish it are not without responsibilities.”

In his comments on unauthorized disclosures, Director Hayden did not address wrongful withholding of information, and did not acknowledge any reasons why American might be skeptical of CIA disclosure policies. “CIA acts within a strong framework of law and oversight,” he said. While leaks have been a perennial problem from the government’s point of view, it does not follow that new legislation to combat them is a fitting solution. “I am not aware of a single case involving the unauthorized disclosure of classified information that would have been prosecuted but could not be because of the lack of statutory coverage,” said Attorney General John Ashcroft in testimony prepared for the Senate Intelligence Committee in 2001. The Ashcroft testimony, dated September 5, 2001, represents a missing link between the testimony of Janet Reno on the same subject on June 14, 2000, and a subsequent report to Congress on leaks that was submitted by Mr. Ashcroft in October 2002. The testimony was approved by the White House Office of Management and Budget, according to a handwritten notation on the document, but the scheduled Intelligence Committee hearing was cancelled and the Ashcroft testimony was never delivered. A copy of the text was obtained under the Freedom of Information Act by Michael Ravnitzky.