First Amendment

The government has file a motion seeking to close portions of the upcoming (June 4, 2007) criminal trial in United States of America v. Steven Rosen and Keith Weissman¹.

Media representatives have filed motions opposing the closure of this criminal trial and to minimize any closure should one occur.

This is a controversial case raising: first instance issues; strong public interest; adverse first amendment impacts; and adverse press impacts.

The entire trial must be open to the public. The media's motion must be granted.

More to follow ...

UPDATED 4/22/2007 Media Opposes Closure of Criminal Trial Update-1

Web: Media Fight Request to Close Parts of Israel Lobbyists' Trial

Blogosphere: Heads I Win, Tails You Lose: Secret Trials and Secret Evidence. Discusses the inconsistency between the government's argument in a state secrets case and the above case.

Balkin gives no rationale for the assertion: "Certainly the government should be able to protect its secrets. And certainly the need for secrecy must occasionally outweigh other important social values." It's not so certain to some.

It would also be useful to discuss another variant of the government's argument seeking to avoid accountability. The case where it denies detainee counsel evidence based on alleged national security interests.

-----notes-----

1. Refer to Misblog's A Baleful Trend Toward Official Secrecy, A Baleful Trend Toward Official Secrecy Update-2, and A Baleful Trend Toward Official Secrecy Update-6 for background or visit your favorite search engine.

Technorati Tags: steven rosen, keith weissman, thomas ellis, first amendment, espionage act, official secrecy